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HomeMy WebLinkAboutCC 2006-10-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 26, 2006 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Linda M. Haskins, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes October 26, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS PART B PZ - PLANNING AND ZONING ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present Chairman Gonzalez, Commissioner Haskins, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 26th day of October 2006, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:30 a.m., recessed at 12:23 p.m., reconvened at 2:35 p.m., recessed at 4:11 p.m., reconvened at 5:09 p.m., and adjourned at 10: 08 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Welcome to the October 26, 2006 meeting of the City ofMiami Commission in the historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Linda Haskins, and me, Angel Gonzalez, Chairman. Also on the dais are Pedro G. Hernandez, the City Manager, Jorge -- I'm sorry -- Pedro G. Hernandez, City Manager, and Jorge L. Fernandez, the City Attorney, and Priscilla Thompson, the City Clerk. The meeting will be opened with a prayer by Vice Chairman City ofMiami Page 2 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Sanchez, and the pledge of allegiance by Commissioner Regalado. Please rise for the invocation. PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES NO MAYORAL VETOES Chairman Gonzalez: We don't have any vetoes from the Mayor's Office, Madam City Clerk? Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: Thank you. Let the record reflect that. Vice Chairman Sanchez: What items are going to be deferred? Chairman Gonzalez: There are no proclamation, no presentations. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Haskins, seconded by Commissioner Sanchez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: So we need to approve the minutes of the Planning & Zoning meeting of September 28, 2006. Commissioner Haskins: So moved. Vice Chairman Sanchez: Second, Mr. Chairman. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: And the second budget hearing of September 28, 2006. Commissioner Haskins: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. ORDER OF THE DAY Chairman Gonzalez: Mr. City Attorney, would you read the procedures of the meeting? City ofMiami Page 3 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Jorge L. Fernandez (City Attorney): Yes. Any person who's a lobbyist must register with the City -- Priscilla A. Thompson (City Clerk): We need you to turn on your mike, please. Mr. Fernandez: Thank you. -- Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks, or who becomes unruly while addressing the Commission, shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner is allowed. No signs or placards are allowed in the chambers. persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearings" portion of the agenda and on items where public input is required or solicited by the Commission. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. Also, at the time the item is heard, persons who will be speaking should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk and she will provide assistance. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence on the agenda, except for items in the PZ (Planning & Zoning) agenda, which will begin after 10 a.m. Consent items 4 and 5 need to be pulled from consent agenda because the Commission is required to make a decision on both of those items. Consent item number 6 is withdrawn from this agenda, and it will be placed on the November 9 agenda. Commissioners' blue pages: D4.1 has been withdrawn; Commissioner blue page D5.1 and D5.2 has been continued to November 9th; public hearing, PH.2, the closed-circuit television cameras, likewise, has been deferred to November 9, and when we get into the PZ agenda at 10 o'clock, or soon thereafter, I will announce which items on the PZ agenda have been continued or deferred, so Mr. Chairman, that is the status of the agenda, as then you move into the consent. Chairman Gonzalez: Thank you, Mr. City Attorney. All right. We need to approve the consent agenda. First, we need to pull for discussion 4 and 5, right? Mr. Fernandez: Yes. Chairman Gonzalez: All right. Yes, ma'am. Priscilla A. Thompson (City Clerk): I just want to make sure, are my Commissioners clear on that list? Commissioner Regalado: I couldn't hear the -- any -- the deferral on the consent agenda. It's CA.6, right? Chairman Gonzalez: CA -- City ofMiami Page 4 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vice Chairman Sanchez: 4 and 5 -- Chairman Gonzalez: -- 4 and 5 -- Vice Chairman Sanchez: -- have been pulled. Chairman Gonzalez: -- are pulled for discussion, and CA.6 is pulled out of the agenda, right? Mr. Fernandez: Correct. Commissioner Regalado: OK. Ms. Thompson: Thank you. Chairman Gonzalez: As a matter of fact, CA.6 is deferred, right? Mr. Fernandez: To November 9. Chairman Gonzalez: To November 9. Mr. Fernandez: It will be placed on the agenda November 9 for the City Commission to address that issue at the time. CONSENT AGENDA CA.1 06-01789 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF METRO EXPRESS, INC., FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER REPAIR PROJECT, B-30262," IN THE PROPOSED AMOUNT OF $696,800, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR AN ADDITIONAL FOUR (4) ONE-YEAR PERIODS, AS DESCRIBED IN THE DEPARTMENT OF PUBLIC WORKS FACT SHEET AND THE TABULATION OF BIDS DOCUMENT, ATTACHED AND INCORPORATED, PLUS THE AMOUNT OF $3,200, TO COVER THE ESTIMATED PROJECT EXPENSES, FOR A TOTAL ESTIMATED AMOUNT OF $700,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS ACCOUNT NO. 352216, IN THE AMOUNT OF $600,000, TO COVER CONTRACT COSTS AND FROM SPECIAL REVENUE ACCOUNT NO. 650002.310103.6.340, IN THE AMOUNT OF $96,800, TO COVER THE CONTRACT COSTS AND $3,200, TO COVER THE ESTIMATED PROJECT EXPENSES, PENDING THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01789 Legislation.pdf 06-01789 Exhibit .pdf 06-01789 Exhibit 2 .pdf 06-01789 Exhibit 3 .pdf 06-01789 Exhibit 4 .pdf 06-01789 Exhibit 5 .pdf 06-01789 Summary Form.pdf City ofMiami Page 5 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0626 CA.2 06-01791 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Administration SPECIAL REVENUE FUND ENTITLED: "2006-2007 VICTIMS OF CRIME ACT" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA/OFFICE OF THE ATTORNEY GENERAUDIVISION OF VICTIM SERVICES, FOR THE DEPARTMENT OF POLICE, IN THE AMOUNT OF $35,744; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 06-01791 Legislation .pdf 06-01791 Summary Form.pdf 06-01791 Email.pdf 06-01791 Letter .pdf 06-01791 Email 2 .pdf 06-01791 Pre -Attachment .pdf 06-01791 Letters of Support.pdf 06-01791 Certification Regarding Debarment .pdf 06-01791 Budget Section .pdf 06-01791 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0627 CA.3 06-01797 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY CANDICE MILLER, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $70,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF CANDICE MILLER VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 02-4760 CA (22), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 06-01797 Legislation .pdf 06-01797 Cover Memo.pdf 06-01797 Memo.pdf City ofMiami Page 6 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0628 CA.4 06-01827 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF HUGO A. RODRIGUEZ, P.A., IN THE AMOUNT OF $80,725, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICERS JESUS AGUERO, JORGE GARCIA AND ISRAEL GONZALEZ, IN THE CASE OF ALICE YOUNG V. CITY OF MIAMI, ET AL., CASE NO. 99-2994-CIV-MARTINEZ; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 06-01827 Legislation .pdf 06-01827 Cover Memo.pdf 06-01827 Memo.pdf 06-01827 Budget .pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Noes: 2 - Commissioner Haskins and Spence -Jones R-06-0630 Chairman Gonzalez: CA.4. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman. CA.4 and CA.5 are two items in which the Office of the City Attorney has declared that there is a conflict in representing this item to you. The -- we have retained the services of the law firm ofAkerman Senterfitt, and the attorney from that firm, most familiar with this issue, who will be addressing any questions you may have, will be presenting the matters and addressing any questions you have is Ms. Glasser. Ms. Glasser. Chairman Gonzalez: All right. Jennifer Glasser: Good morning. Chairman Gonzalez: Are there any questions on CA.4 from the Commission? Commissioner Haskins: I don't understand why we're paying the attorney's fees for officers that were found guilty of felonies. Commissioner Spence -Jones: I have the same question. Vice Chairman Sanchez: Not on the civil case, not on the civil case. Ms. Glasser: Right. There's two -- Vice Chairman Sanchez: She'll explain it. City ofMiami Page 7 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Glasser: -- different case -- they were convicted in -- Priscilla A. Thompson (City Clerk): I'm sorry. I need a full name on the record, please. Ms. Glasser: Jennifer Glasser -- Ms. Thompson: Thank you. Ms. Glasser: -- G L A-S S E R. They were convicted in the criminal case (UNINTELLIGIBLE) here -- the attorneys's fees in this case are the civil case, which were not the same claims that were at issue in the criminal case. The criminal case involved obstruction of justice and issues that occurred after the shootings. The civil case involved the justified -- justification and legality of the shootings themselves. Commissioner Spence -Jones: But -- I'm sorry, Commissioner Haskins. I don't want to interrupt your -- Commissioner Haskins: I don't -- Chairman Gonzalez: Commissioner Haskins. Commissioner Haskins: -- under -- it's the same incidents. Ms. Glasser: Yes. Commissioner Haskins: It was different aspects of the same incident. These were not good cops. The City has already settled for a lot of money in these civil cases. I don't understand why the City is paying for officers that were found guilty or the City determined it needed to settle for substantial dollars in the civil case. I don't understand how that is our policy, or is it our pol -- is it our -- the City's policy to do this? These were -- this was a -- these were very -- this is a very famous case here, and -- Chairman Gonzalez: May I? Commissioner Haskins: -- I don't understand. Chairman Gonzalez: May I? Mr. City Attorney, I understand that this Commission has three options, is that correct? Mr. Fernandez (City Attorney): Yes. The attorney -- Chairman Gonzalez: Would you please enlight [sic] the Commissioners on the three options that this Commission has -- Mr. Fernandez: Yes -- Chairman Gonzalez: -- in order to solve these two cases? Mr. Fernandez: -- and I will ask counsel for the City to address those concerns -- Chairman Gonzalez: All right. Mr. Fernandez: -- and then I may address the historical policy position that the City has taken in other cases. City ofMiami Page 8 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: All right. Ms. Glasser: This is a discretionary matter for the Commission. You have three options, and one of them is to pay the full amount requested by the attorneys, which was 97,000 for Mr. Rodriguez, and 23,000, roughly, for Mr. Mace. Alternatively, the Commission could pay the amount that was determined to be reasonable for each of these attorneys by the opinion of the expert, who was retained by the City to review the fees, and that would be $80, 725 for Mr. Rodriguez, and $18, 200 for Mr. Mace, and alternatively, you could pay another amount, as determined by the Commission, not to exceed the amount sought by either of the attorneys, and then there's also within your discretion to deny their request in total. Commissioner Spence -Jones: So, Mr. City Attorney, are you going to -- OK. We hear the three options. Mr. Fernandez: Those are your three options. With regard to the historical policy of this Commission, vis-a-vis claims of police officers that have had the need to retain their own counsel and, at the end of -- on civil matters or criminal matters, but typically, those are not always -- they're really not related in all cases that we've had in the past. If they prevail, if they're found not guilty, or if the City settles on the civil case, then the policy of this Commission is to pay some amount, not the requested amount, but some amount that comes to you by way of recommendations from my office, after we look at their bills and everything else, so historically, that is the position that this Commission has taken. However, the issue in front of you today is unprecedented; there is no historical basis, where arising out of one transaction, you have the settlement of the civil case, but then you have convictions arising out of the same transactions in the criminal case, so this is a case of first instance for you. The three options that counsel has explained are fully available to you, and it would be your decision. Commissioner Haskins: Mr. Chairman, I think that that -- that's exactly what the issue is here, that, for the first time, we're facing a situation where there wasn't just a civil settlement, but there was also a crim -- they [sic] were also many criminal convictions related to the same events, so whatever the Commission has done in the past, where it has just been a civil settlement without a related criminal convictions it seems like this is the -- a different instance, and I can't support, in either of these instances, paying the legal fees for policemen that had been convicted of felonies. Commissioner Spence -Jones: I definitely agree with that, Commissioner Haskins, and I did get a briefing yesterday from the City Attorney regarding this matter and this issue, and that was my concern, too. You know, if they're convicted of -- from one instance, then how are we turning around and saying, OK, yes, you were convicted of this -- and we talked about this yesterday, Mr. Manager, and you had the same look you had on -- we both had the same looks on our face, correct? Pedro G. Hernandez (City Manager): Yes, we did. Commissioner Spence -Jones: -- so, I mean, how could we, in good consciousness, support something where we know that the individuals did wrong? So we're rewarding -- I'm -- I mean, I -- are we rewarding someone that did wrong? Chairman Gonzalez: All right. Yes, sir. Hugo Rodriguez: Yes. My name is Hugo Rodriguez. I am one of the attorneys that you're discussing this matter, and I'd just like to address some of the issues that both Commissioner Haskins and Spencer Jones [sic]. I can appreciate what you're saying, but I don't think this matter is unprecedented. The law, in the state of Florida, requires the City to provide counsel, in a civil matter, to its officers, and the CityAttorney's Office represented these officers for a City ofMiami Page 9 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 number of years. CityAttorney's Office felt it had a conflict during the civil representation of this case. Put the officers on notice that they should get their own counsel, and they did; I being one of them that represented three of these officers; another lawyer, Mr. Mace, had represented two of these officers. Chairman Gonzalez: On the criminal case or on the civil case? Mr. Rodriguez: We're talking about the civil case that's before you. If you want to talk about the criminal case, I'll be glad to because I represented one of them in a criminal case also. This case is different. What this case dealt with was the propriety of the shooting that occurred, whether the shooting was justified. In all bodies and in all court cases and the courts, the shooting was a righteous shooting. I can't speak to what happened after that. These particular officers weren't involved in it. What they were convicted of was lying on behalf of their other officers to cover up the legal shooting. Counsel will tell you that it was a very -- it was a justified shooting. This is the civil case. The City, I believe, under the law, has an obligation to represent them. When the City had a conflict in the CityAttorney's Office, they told the officers to get their own counsels, and for two and a half three years, they did that successfully. Commissioner Haskins says you paid a lot of money. I believe you would have paid a whole lot more money had the officers not been represented, and there would have been adverse inferences. We were able to cut through that. We were able to take their depositions. We were able to assist in the settlement of this matter, I think, to a considerable multimillion dollar savings to the City. I will never condone -- I am a former law enforcement officer myself. I can never condone their actions, but this was a righteous shooting, and if you require -- remember when it was -- we've got to go back to the tourist robberies. They did what they had to do. None of us can condone what they did after, so it's not a mixing. It is the same incident, but the court was able to distinguish and say the shooting was righteous. Ms. Glasser: And -- Commissioner Haskins: Was there an actual determination that the shooting was righteous, and if so, why did the City settle? What did the City settle for in the civil case? Mr. Fernandez: I believe both cases were settled in the neighborhood of a million dollars, 900, 000. Mr. Rodriguez: Yes. Mr. Fernandez: I'm not sure of the other amount. Mr. Rodriguez: The -- in the criminal case. Commissioner Haskins: I'm saying in the civil case -- Mr. Rodriguez: Well -- Commissioner Haskins: -- was there a finding that the shooting was righteous. Mr. Rodriguez: It never got to that, but in the criminal case, the courts found that the shooting was righteous, that there was no violation of their civil rights. That's in the criminal case. It never got to a jury in the civil case because the matter was settled out prior to that, but all the litigation prior to that, and the experts retained by the City and the officers was that the shooting was righteous, and I'll take it one step further. In the civil case, the judge held in abeyance whether they could even introduce any information concerning the "cover up," because the issue that was going to be presented to the jury, if it went to trial, was the propriety of the shooting. I understand and can appreciate where both Commissioners are coming from, City ofMiami Page 10 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 but the precedent here is that the officers did what they had to do as to the propriety of the shooting. They're entitled to be represented by the City. When the City had a conflict, they, in essence, invited the officers to get it to counsel. Commissioner Spence -Jones: But did they communicate in them getting their additional counsel -- did the City communicate that they would cover the cost of them getting the additional counsel? Mr. Fernandez: No. Mr. Rodriguez: I believe they did. This is an issue between the City and I -- Mr. Fernandez: No. Commissioner Spence -Jones: You believe they did -- Mr. Rodriguez: I believe they did. Commissioner Spence -Jones: -- so that's -- I think that that's probably where the confusion is, and that's what I asked the City Attorney when I was getting briefed yesterday, was if they went out and got their own attorneys, because at that time, the City attorneys felt, OK, well, we feel that this is probably not the right thing for us to be in the middle of, that you need to go out and get your own attorney. Did we say to them -- because if we misled them and said, OK, you need your own attorneys, then -- and we'll take care of it afterwards or we'll, you know, handle it afterwards, then that's a different story. We should have never communicated, so then -- so when you say "I believe, "I guess my question then comes to my City Attorney. Did we communicate to them that we would cover the cost of this? Mr. Fernandez: Very clear, no. Mr. Rodriguez: Well -- Mr. Fernandez: City Attorney never communicates to anybody or engenders in them an expectation of being made whole at the end of the day. They know the law; they're assisted by counsel who understands the law; Florida statute is very clear, and the City "cut them off" the expression that we use in terms, because when we pulled off representing the officers and the City -- because, by the way, we stepped back completely from representing anybody in this transaction was when the federal government stepped in and filed the indictments against these individuals, and then how could we, in any stretch of the imagination, represent to indicted individuals that we would pay for your attorneys' fees in, you know, any proceedings where you need to retain your own counsel. We did tell them we can no longer represent you; you need to get your own counsel. Whatever conjectures they might have made with regard to how those fees were going to be paid at the end of the day, they're held to the same standard of knowing the law as anybody else, and they were very ably represented by counsel, who are here in front of you, and he knows that state statute makes it, at best, optional with this Commission whether or not to pay those fees. Commissioner Haskins: Well, I -- that's -- Mr. Rodriguez: May I -- Commissioner Haskins: -- that was going to be my question of why did we separate, number one? And number two, did the City hire its own legal counsel to represent the City in this civil matters? City ofMiami Page 11 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Fernandez: Yes. Ms. Glasser: Yes. Mr. Rodriguez: They did. Mr. Fernandez: We did. Ms. Glasser: It was -- Commissioner Haskins: OK. Ms. Glasser: -- my firm as well. Commissioner Haskins: So the retaining of the attorneys by the police officers was their own act -- was done on their own, and the City retained its own legal counsel -- Mr. Fernandez: Correct. Commissioner Haskins: -- so an argument that says that the retention by these officers of their own counsel reducing -- reduced the City's liability is speculation? Mr. Fernandez: At best. Mr. Rodriguez: IfI can, Commissioner, just -- I don't know ifI can make this a matter of record, butt have a letter here, and I'm not going to quibble with the CityAttorney's Office. If it's not decided here, it'll have to be decided in a different forum, but the statute quoted here doesn't give this forum any discretion; it's rather mandatory, but I'm not here to argue the legal semantics of it. The letter that was given to each of the officers basically says what counsel, Mr. Fernandez, is saying, but quotes another statute that he's not referring to that says that you will be compensated if you prevail. They have prevailed. We're asking for what is reasonable. We're willing to accept the reduced rate as being recommended. I don't think the decision should be made on the propriety of the actions, but on the fact that these officers were represented. I don't believe it's speculative. I think they provided a benefit to the City. I believe my representation and that ofMr. Mace provided a benefit to this City, and I would respectfully ask that you, just like the City Attorney had counsel which represented them, the officers, in turn, should be entitled to have counsel that represented them. Commissioner Haskins: I'd like to make something -- I want to clarify something here. Our police officers have the toughest job in the City. For what we pay them and for the quality of their work environment, what they do, is unbelievable. Being a policeman in the City ofMiami is not like being a policeman in Coral Gables or Miami Beach or anywhere else, so it's a tough job, and I think that we should always protect our police officers. I think we should represent them in court. We should do all of those -- everything that we can to make sure that their rights are protected, butt have a real problem with this one. These were not good cops. These were a handful of not good cops, and the City, as a result, paid out a lot of money in legal settlements, we paid out a lot of money in our own attorney's fees in minimizing the exposure to the City for their actions, which did not reflect well on the City and did not reflect well on the Police Department, and I have a real problem with paying the legal fees ofpeople who've not done the right thing. Chairman Gonzalez: All right. Commissioner Regalado. Commissioner Regalado: Mr. City Attorney, in the past, historical memory -- and you weren't City ofMiami Page 12 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 here -- but have the Commission rejected any proposal by the City Attorney's office to pay fees to attorneys? Mr. Fernandez: I cannot speak with any level of certainty prior to my tenure. In the last two years, I have brought to you several of these, and you have -- this Commission has approved every single request that I have brought to pay for outside counsel, but in none of those cases has there been a circumstance like this one. Commissioner Regalado: I remember one case that the Commission rejected, but this is way back several years, so what happens if this is not approved? Mr. Rodriguez: I then bring an action in circuit court against the City based on what we talked about here and the state statute, and the City defends, and a jury will decide. Mr. Fernandez: Again, you know, Mr. Chairman, Commissioners -- Commissioner Regalado: Wait a minute. Wait a minute. If he files suit, would you be able to defend yourself or you have to hire outside counsel? Mr. Fernandez: He would be filing suit of a decision that this Commission is making today, and I don't believe that I would have a conflict in representing the interest of this Commission in denying the request that these individuals have made, so I would be representing the decision that this Commission would be making today, if as, you know, signaled by counsel, that's his intent. Again, to the extent that counsel has clearly signaled to you that he intends to sue you, my advice to you is that you make a decision, quickly proceed and allow him to seek redress in another form, rather than continue to engage you in a position where you can only -- "any and everything you said can and will be used against you." You've heard that before. This is a situation clearly -- Mr. Rodriguez: Mr. -- Mr. Fernandez: -- where that is the case. You have very clear, articulate counsel from your outside counsel, in the memo that she's given to you. The discussion that has taken place to this point is very clear, what your options are. I encourage you to make a decision and proceed with the agenda. Mr. Rodriguez: OK Mr. Regalado, ifI could answer your question? Mr. Fernandez: I suggest -- Mr. Rodriguez: Nothing you said -- Mr. Fernandez: -- Mr. Chairman, that you might have heard enough. Vice Chairman Sanchez: Yeah. This is going to end up in court. Commissioner Gonzalez: All right. Commissioner Regalado: Well -- Mr. Rodriguez: Mr. Regalado, just I -- I'm -- we're not interested in litigating against the City, and the issue won't be what you do here today. The issue will be, pursuant to the statute, is the City obligated? That's the issue, and I just wanted to make that clear because that's not -- We, at the recommendation of counsel, provided documents so that the matter could be addressed by the counsel. I will respect whatever the counsel does, but we will also exercise our rights also. I City ofMiami Page 13 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 just don't want this to be a precedent for any other officer to be considering. IfI had -- it's decided that what I did was wrong, I am out there on my own, and that mentality can't be on the street. If somebody else decides that what they did was wrong -- and these were, as you said, "bad cops" -- a cop can't go out on the street everyday thinking '7'm going to hesitate for fear that I'm going to have to defend myself if the City believes it has a conflict." That's the message that you're sending, and that's what I'm trying to avoid, and thank you. Mr. Fernandez: Mr. Chairman, that's not the message you're sending. Clearly, you're in the horns of a dilemma. I don't mean to restate everything that all of you have said. Here you're looking at the character of the players. Clearly, the statute, irrespective of whatever statute might have been cited by my predecessor, the statute that applies to the issue in front of you today clearly makes it optional with this Commission as to whether you pay the highest amount, some other amount, or no amount at all, and that's the decision you need to make. Commissioner Regalado: OK, but -- Vice Chairman Sanchez: All right. Let's -- Commissioner Regalado: -- this is probably not about this case. It's about all cases, and so I respect the issues that had been brought, but you know, it's important to understand what Commissioner Haskins says in part of her statement, being a police officer in the City is very difficult. Being a bad police officer is worse, so here's a dilemma. I just think that it would be very difficult in this climate to explain all the issues to all the police officers; they might get the wrong message, if the Commission were to deny this payment. Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: OK. Mr. -- Mr. Fernandez: We have a long history of very vigorously defending the City and the individual police officers. Now, this is a two-part equation. Police officers have got to know that they need to be clean and right. If they're clean and right, they know, without a doubt or a question, that we will vigorously completely, totally defend them. Commissioner Spence -Jones: And Commissioner Regalado, I just want -- I mean, I agree with you and Commissioner Haskins. I mean, by all means, we have to support our officers, but it's very difficult, especially when, you know, this incident definitely impacted my community, you know. It's very difficult for me to vote on something knowing that the end result was someone did something wrong. I mean, if you did something right, then we should defend you to the end, but if you did it wrong, it's not right, and you should not be awarded for something that's not right. Mr. Fernandez: Again -- Chairman Gonzalez: All right. Vice Chairman Sanchez. Vice Chairman Sanchez: I'm going to take the advice of our City Attorney on this issue: It is a complicated issue. I am aware of it, that the actions come from two cases, the criminal and the civil case. Traditionally, the City has paid these kind of claims when the individuals were found not guilty. These are two separate actions. On the criminal side, they're not asking for any money because they know they're wrong. On the legal side, they're coming here asking for what I consider the three options that are in front of us, and I think that we should decide what we should do on those three actions based on this resolution that has been presented to us, and I will limit my statement because no matter what action is taken here, due process will continue. Chairman Gonzalez: All right, so do I hear a motion? City ofMiami Page 14 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vice Chairman Sanchez: I am prepared to make a motion to pay the reasonable amount determined by the experts on the civil case. Mr.Fernandez: OK Commissioner Gonzalez: Is there a second? Commissioner Regalado: I'll second for discussion. What is the reasonable amount? Vice Chairman Sanchez: It was the $80, 000? Ms. Glasser: Yeah. It was $80, 725 for Mr. Rodriguez, and then as far as Mr. Mace is concerned, it is $18, 200. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: It is a very difficult decision. It's a two -side, but the City does not only litigate police cases. It also litigates other civil matters, and historically, we have seen that when someone makes a mistake in the City, nor a police officer -- and we settle, we pay, and we pay attorney's fees because of a mistake. We have been paying now up to $400, 000 for the fire fee debacle, and we will continue to pay. It's embarrassing, but it is mistakes that people within the City Government made, so I just -- I feel uncomfortable, but at the same time, I think we have -- we should have a same rule for everyone that makes mistakes, that do wrong to the City, not only cops, but everyone. Vice Chairman Sanchez: I think the attorney -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- said it best when he said that it is our responsibility to protect our City employees vigorously, OK, and it's always been that if they go out there and they do something criminally and they're found guilty, they shouldn't even waste their time coming here seeking for us to pay their legal fees, but when they go through the process and they're found not guilty, traditionally, this legis -- well, all -- in the past, since I've been here, this legislative body has always paid for their representation, so this isn't any different than any other case besides only being that it's a very unique case that both the criminal and the civic [sic] case fall from the same action, and we don't condone their action. Chairman Gonzalez: All right. We have a motion and we have -- are you saying you second to the motion? And we have a motion and we have a second. Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Before the roll call, may I be very clear? We had discussions on CA.4 and 5; they're two separate items. We will have two separate votes? Vice Chairman Sanchez: Yes. Mr. Fernandez: Yes. Ms. Thompson: Thank you. Chairman Gonzalez: Yes, ma'am. City ofMiami Page 15 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vice Chairman Sanchez: I move CA.4. Chairman Gonzalez: Let's vote on CA.4. Roll call, please. Hs. Thompson: Thank you. Roll call. Commissioner Haskins? Commissioner Haskins: No. Hs. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: No. Hs. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Hs. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Hs. Thompson: Commissioner -- I'm sorry, Chairman Gonzalez? Chairman Gonzalez: I'm going to vote "yes," and the reason I'm voting yes is because, traditionally, atleast for the time that I had been -- Vice Chairman Sanchez: Always. Chairman Gonzalez: -- a Commissioner, we have always paid the attorney's fees. That is the only reason -- I am familiar with the case. I know what happened with the case. As the counsel said -- Vice Chairman Sanchez: But make it clear, civil case. Chairman Gonzalez: -- the shooting was legal. I don't know why they did what they did after they had an appropriate shooting, but it was the culture that this department had in the past, that without having to cover up anything, they wanted to cover up everything, so that's why we are in the bind that we are, so yes, I'm voting "yes," on CA.4. Hs. Thompson: The reso -- Chairman Gonzalez: Let's -- Hs. Thompson: -- resolution has been adopted, 3/2. Chairman Gonzalez: Three/two, yes, ma'am. CA.5 06-01828 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF RUSSELL MACE & ASSOCIATES, P.A., IN THE AMOUNT OF $18,200, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICERS WILLIAM HAMES AND JOHN MERVOLIAN, IN THE CASE OF ALICE YOUNG V. CITY OF MIAMI, ET AL., CASE NO. 99-2994-CIV-MARTINEZ; ALLOCATING FUNDS FROM THE CITY City ofMiami Page 16 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 06-01828 Legislation.pdf 06-01828 Cover Memo.pdf 06-01828 Memo.pdf 06-01828 Budget.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Noes: 2 - Commissioner Haskins and Spence -Jones R-06-0631 Chairman Gonzalez: CA.5. Do I hear a motion on CA.5? Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion on CA.5. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And there is a second on CA.5. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Haskins? Commissioner Haskins: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: For the same reason that I voted yes on CA.4, I'm voting 'yes" on CA. 5. Ms. Thompson: Therefore, the resolution is adopted, 3/2. Hugo Rodriguez: Thank you very much. CA.6 06-01877 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY HAMMES COMPANY SPORTS DEVELOPMENT, INC., A WISCONSIN CORPORATION, AND HAMMES SPORTS DEVELOPMENT OF FLORIDA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE SUM OF $750,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE City ofMiami Page 17 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, AND JOE ARRIOLA IN THE CASE OF HAMMES COMPANY SPORTS DEVELOPMENT, INC., ET AL. V. CITY OF MIAMI, IN THE FEDERAL COURT CASE NO.: 06-20363 CIV-COOKE, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES AND JOE ARRIOLA FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE ORANGE BOWL STADIUM REDEVELOPMENT PROJECT, B-30153C. 06-01877 Legislation.pdf 06-01877 Cover Memo.pdf 06-01877 Memo.pdf DEFERRED Item CA.6 was deferred to the City Commission meeting currently scheduled for November 9, 2006. CA.7 06-01835 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING OMNIBUS Purchasing LEGISLATION AUTHORIZING AMENDMENTS TO ALL PREVIOUSLY ADOPTED RESOLUTIONS FOR DEPARTMENTAL TERM CONTRACTS AND CONVERTING THEM TO CITYWIDE CONTRACTS; AMENDING THE LANGUAGE OF ALL CITYWIDE CONTRACTS; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END -USER DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED, AS A RESULT OF THE RECOMMENDATION OF THE BUSINESS PROCESS RE -ENGINEERING STUDY CONDUCTED BY BLACKWELL CONSULTING, LLC, AND THE IMPLEMENTATION OF ORACLE'S ENTERPRISE RESOURCE PLANNING SOFTWARE. 06-01835 Legislation .pdf 06-01835 Summary Form.pdf 06-01835 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0629 Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Vice Chairman Sanchez: Mr. Chairman, so move the remaining of the consent agenda. Chairman Gonzalez: All right. We have a motion on the remainder of the consent agenda. Is there a second? Commissioner Spence -Jones: Yes, Mr. Chairman. I just do -- if you don't mind, I have one quick City ofMiami Page 18 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 question about CA.7. It's really more of a question than anything else, before we move the rest of the agenda. Chairman Gonzalez: All right. Commissioner Spence -Jones: I guess this could be directed towards Glenn Marcos. I just want to have clarity, and Glenn, you've done great with explaining it to our office on how it works, and we began to also go online with the whole Oracle thing in our office, to utilize it. I just wanted to be clear on -- this will not affect CIP's (Capital Improvements Programs) projects? None of the CIP-related projects will fall up under this at all, right? Pedro G. Hernandez (City Manager): No, they will not be affected. As a matter of fact, this deals with citywide contract, and it's to facilitate the use, and I would say, probably, even the (UNINTELLIGIBLE) that we get for services. Commissioner Spence -Jones: OK, so Glenn. Glenn Marcos: That is correct. Glenn Marcos, Purchasing director. The actual departmental term confracts that we're converting to citywide contracts are actually for goods and services and does not affect CIP confracts. Commissioner Spence -Jones: All right. Thank you. Chairman Gonzalez: All right. We have a motion on the consent agenda -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 19 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-01860 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF EDUCATION, IN THE AMOUNT OF $50,000, TO PROVIDE SERVICES FOR THE PAC SUCCESS ACADEMY, LOCATED IN MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 06-01860 Legislation.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0632 Chairman Gonzalez: All right. Let's go to the Mayor's blue page. Is there someone --? Hi. Good morning. We need your name. Lisa Martinez (Director, Policy and Legislation): Good morning. Lisa Martinez, Mayor's Office. M.1 is a resolution accepting a grant award from the Florida Department of Education, in the amount of $50, 000. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Thank you so much. DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER LINDA M. HASKINS D2.1 06-01872 DISCUSSION ITEM DISCUSSION CONCERNING TAX ABATEMENT FOR HISTORICAL PROPERTIES IN THE CITY OF MIAMI. 06-01872 Cover Email.pdf City ofMiami Page 20 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 MOTION A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, directing the City Manager and the City Attorney to draft an Ordinance to provide for a period of tax abatement as an incentive to preserve historical sfructures in the City ofMiami. Direction by Commissioner Spence Jones to the City Manager to provide a report on the type of support available on code enforcement -related issues relative to historic preservation. Chairman Gonzalez: DI [sic], I don't have anything. D2 [sic], the item were pulled, right? Vice Chairman Sanchez: No. Commissioner Haskins: No. Commissioner Spence -Jones: No, no. Priscilla A. Thompson (City Clerk): No, no. Chairman Gonzalez: Oh, no. I'm sorry. Vice Chairman Sanchez: No, no. Chairman Gonzalez: It's Commissioner Haskins. Commissioner Haskins: Is Barbara Lang here? I guess not. Barbara's not here. As I've gone through District 2 over the last few months and looked at our various neighborhoods, come away with the sense that we haven't done a lot or as much as we could do as a City to provide for historic preservation of our various structures, and we've been dealing with a number of -- looking at a number of properties. I can look -- talk about some of the oldest houses in Dade County that are still in private hands in Magnolia Park, the MiMo (Miami Modern) district on Biscayne Boulevard or the Ace Theater in Village West in Coconut Grove, and I think that there are things that the City should and -- can and should do to provide incentives to maintain historical properties -- Vice Chairman Sanchez: Here, here. Commissioner Haskins: -- so what I would like to do is ask the Manager and the City Attorney to prepare an ordinance for us that would provide for a period of tax abatement as an incentive to preserve historical sfructures in the City ofMiami. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: So -- OK. Vice Chairman Sanchez: Discussion. Chairman Gonzalez: We have a motion and we have a second. Discussion. Vice Chairman Sanchez: Let me just take the opportunity to praise Commissioner Haskins on this. We should be following cities, such as Coral Gables and Miami Beach, that have been very, very successful in preserving historical buildings. As in the City, in the past, now, because of the property increasing, a lot of these property owners cannot keep up with it, and then, of course, they're being sold, and once you tear down these buildings that are significant to the history, the culture of our community, we cannot ever regain it again, so that is something that we've talked City ofMiami Page 21 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 in the past about preserving historical preservation. Well, you know what? We need to put our money where our mouth is on this, and we need to come up with a good legislation to make sure that we do protect what's left out there that should be preserved for the next generation to come. Commissioner Spence -Jones: I -- Vice Chairman Sanchez: Please. Commissioner Spence -Jones: Wonderfully said. I just want to also commend my colleague on this. I just wish it came 20 years earlier by -- I would have Overtown left if you were here, and I want to just really commend you because, you know, just this week, we created a new district, the Historic Overtown Folklife District, or at least moving in that direction to do it, and many of those buildings that were there are no longer there, so some of them we have to recreate, so -- but the ones that are still left, this is definitely going to be a benefit to the things that we want to do in the Overtown area, so I want to just commend you on doing this, and I look forward to working along with the City Attorney in providing any kind of support may have or our residents may have regarding the historic preservation. I do have a question, though, for my City Manager. OK. I got a question for my City Manager. This was before you got here. There was a comment that was brought up, or a conversation that was had with the former City Manager regarding historic preservation in providing support currently to these historic homes that are within our historic district. Linda and I have a lot of historic districts within our -- neighborhoods within our district. I wanted to make sure that get a follow up from that original request regarding what kind of support we could provide them for Code enforcement -related issues from a historic preservation standpoint. There was supposed to be some sort of report that came back to us regarding this issue, so if there's any way that can also get a report back on that as we move towards putting together this legislation? Pedro G. Hernandez (City Manager): Commissioner, I'm going back over all the directives that you had given us over the last few months, even before I got here. I want to be sure they're properly addressed and closed -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- and I'll make sure that that one is addressed properly. Commissioner Spence -Jones: OK. Thank you. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: All right. Yes, sir. Commissioner Regalado: One question that have. When we -- and I think it's a great idea, and I really praise Commissioner Haskins for coming out and defending this property, but the tax abatement is on the City's tax only, right? We cannot go into the School Board or the County, so it would be City -- and these are -- properties that are deemed historical. Commissioner Spence -Jones: Yes. Commissioner Regalado: OK, and can we -- can you add some kind of proposal to the County and the School Board to offer also some kind of tax abatement? Commissioner Haskins: I think that we should work with the County and the School Board to provide for this sort of abatement. That's going to be a County/Commission decision, whether they would join in with us, butt would -- I'm not sure that the School Board can do it, though, under the statutes. I'm not sure the School Board can, but it's typically the municipality and the City ofMiami Page 22 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 County tax can be abated. Is that what -- you want to come up? Come on. Ellen Uguccioni: Yes, ma'am. Thank you. Commissioner Regalado: Well, the School Board has no cap. The School Board can roll back or they can do whatever they want in their tax -- property tax assessment. Ms. Uguccioni: Good morning, Mr. Chairman -- Chairman Gonzalez: Good morning. Ms. Uguccioni: -- members of the Commission. For the record, my name is Ellen Uguccioni. I'm a member of the Historic Preservation staff. I just wanted to mention that the County already has in place this ad valorem tax exemption for historic properties. Vice Chairman Sanchez: There you go. Commissioner Spence -Jones: Wow. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 06-01834 DISCUSSION ITEM MS. ADORA OBI-NWESE, PRESIDENT OF THE STATE OF FLORIDA NAACP TO ADDRESS THE COMMISSION REGARDING COMMUNITY CONCERNS IN THE CITY OF MIAMI. 06-01834 Memo.pdf WITHDRAWN DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-01859 DISCUSSION ITEM PRESENTATION OF THE PENINSULAR CORPORATION ON BEHALF OF THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION REGARDING THE DEVELOPMENT AND REVITALIZATION OF THE MARTIN LUTHER KING BUSINESS CENTER, INCLUDING ITS PROPOSED COMMENCEMENT DATE, WHICH WILL REFLECT THE "MLK BOULEVARD STREETSCAPE PLAN ADOPTED BY MIAMI CITY COMMISSION . City ofMiami Page 23 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 06-01859 Cover Email.pdf DEFERRED Item D5.1 was deferred to the City Commission meeting currently scheduled for November 9, 2006. D5.2 06-01861 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $500,000, FROM THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST AND THE AMOUNT OF $500,000, FROM THE AFFORDABLE HOUSING TRUST FUND; AUTHORIZING THE ALLOCATION OF THE AMOUNT OF $500,000, TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION AND THE AMOUNT OF $500,000, TO THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, FOR PURPOSES CONSISTENT WITH THE GUIDELINES ADOPTED BY THE CITY COMMISSION AS PROPOSED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR THE REVITALIZATION OF THE MARTIN LUTHER KING BUSINESS CENTER. DEFERRED Item D5.2 was deferred to the City Commission meeting currently scheduled for November 9, 2006. City ofMiami Page 24 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 PH.1 06-01790 Department of Economic Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; RATIFYING THE ISSUANCE OF THE WORK ORDER BY THE DEPARTMENT OF CAPITAL IMPROVEMENTS TO PROFESSIONAL ENGINEERING AND INSPECTION COMPANY, INC. ("PEICO"), PURSUANT TO PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL/COASTAL ENGINEERING PROFESSIONAL SERVICES DATED MAY 11, 2004, TO PERFORM THE REMEDIATION WORK REQUIRED FOR THE PROJECT ENTITLED "IMPLEMENT SOURCE REMOVAL PLAN -CIVIC TOWERS," IN AN AMOUNT NOT TO EXCEED $99,977.70; FURTHER AUTHORIZING THE PAYMENT OF $99,977.70, TO PEICO; ALLOCATING SAID FUNDS, FOR FISCAL YEAR 2006-2007, FROM ECONOMIC DEVELOPMENT CONTRACT NO. K-0400339, WORK ORDER NO. 30. 06-01790 Legislation.pdf 06-01790 Exhibit .pdf 06-01790 Exhibit 2 .pdf 06-01790 Exhibit 3 .pdf 06-01790 Exhibit 4 .pdf 06-01790 Exhibit 5 .pdf 06-01790 Exhibit 6 .pdf 06-01790 Exhibit 7 .pdf 06-01790 Summary Form.pdf 06-01790 Memo.pdf 06-01790 Memo 2 .pdf 06-01790 Notice of Public Hearing.pdf 06-01790 Professional Services Agreement.pdf 06-01790 Request Form.pdf 06-01790 Work Order.pdf 06-01790 Enviromental Coastal.pdf 06-01790 Consultant Work Order.pdf 06-01790 Staff Classification.pdf 06-01790 Professional Services .pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to defer item PH.1 to the City Commission meeting currently scheduled for November 9, 2006. Chairman Gonzalez: Vice Chairman Sanchez, you don't have anything? Vice Chairman Sanchez: No, sir. Chairman Gonzalez: Commissioner Regalado? City ofMiami Page 25 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Regalado: The item has been withdrawn, Mr. Chairman. Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: Mine have been also withdrawn. Chairman Gonzalez: Thank you. All right. We go into the public hearings. PH 1. I think that was defer, wasn't it? No, PH2 was defer. PH1. Commissioner Spence -Jones: PH 1. Chairman Gonzalez: PH 1. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may, Commissioners, this is an item for clean up of a site for which the City is responsible for, and the issue on the item itself is that, with the best intentions, City staff went ahead and authorized a work order to PEICO (Professional Engineering and Inspection Company) to do the cleanup, to do the remediation. We are realizing that their scope was only for assessment and engineering, even though the firm is qualified to do remediation. It was done with the intention of accelerating the project. The project has been completed within the budget, and the item that you have before you is to modify the scope of PEICO to be able to include remediation as part of their services, and also that would allow me to pay PEICO for those services. Vice Chairman Sanchez: So basically, this resolution is ratifying the work and it's going to take a four fifth vote. Mr. Hernandez: In essence, right. It's modifying the scope so remediation would be part of their contract, and we can proceed and pay the contractor who, in essence, has completed the work within budget and on time and is done. Vice Chairman Sanchez: We all hate to be put in this situation, but I'm tired of biting bullets. Chairman Gonzalez: All right. Is there a motion on this item? Jorge L. Fernandez (City Attorney): This item requires four fifth vote. Vice Chairman Sanchez: Jesus Christ. Commissioner Spence -Jones: I mean, I just want to ask the new director, Lisa, so basically, this is a cleanup item. This is something that we were already running -- going down a track, correct? Lisa Mazique (Director, Economic Development): Correct. Commissioner Spence -Jones: And this is something that you've -- you guys actually caught, correct? Ms. Mazique: Correct. Commissioner Spence -Jones: So -- Mr. Hernandez: Commissioner, to provide more background on it, we had been determined by DERM (Department of Environmental Resources Management) -- Commissioner Spence -Jones: Yeah. City ofMiami Page 26 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Hernandez: -- Developmental Resources Management [sic] to be responsible for the cleanup of a certain parcel. As part of further investigation of that contamination, it had plumes that extended into other parcels for which we were determined to be responsible -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- and the idea was to move expeditiously and complete the cleanup that was impacting other properties. Commissioner Spence -Jones: OK. Mr. Hernandez: PEICO, who is a firm that is known for doing assessment and engineering and so forth -- Commissioner Spence -Jones: Right. Mr. Hernandez: -- also has the capability of doing cleanup -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- and in order to expedite it, they were told to go ahead and proceed without realizing that the scope does not include the remediation part. Commissioner Spence -Jones: And the -- Mr. Hernandez: The item here -- Commissioner Spence -Jones: -- financial impact on this? Mr. Hernandez: Excuse me? Commissioner Spence -Jones: On the change, the financial impact on this? Ms. Mazique: None. It's within -- Commissioner Spence -Jones: The dollar im -- Ms. Mazique: None. Commissioner Spence -Jones: There's no dollar impact at all? Ms. Mazique: Um -hum. Vice Chairman Sanchez: Listen, let me see ifI can remedy this mistake. Let me just ask a couple of questions. The job has been done. Ms. Mazique: Yes, sir. Vice Chairman Sanchez: Has it been done satisfactory? Ms. Mazique: Yes, sir. Vice Chairman Sanchez: Has it been done within cost? City ofMiami Page 27 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Mazique: Yes, sir. Vice Chairman Sanchez: All right. Now you're starting to make some -- you're starting to change my mind here. All right. What else is it going to require? Ms. Mazique: The remediation is complete. Vice Chairman Sanchez: The mediation's [sic] already been completed? Ms. Mazique: Yes, sir. Vice Chairman Sanchez: Now, Mr. Chairman, I'm prepared to move the item. I mean, we're in a situation where -- Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chairman Sanchez: Madam Clerk. Chairman Gonzalez: All in -- roll call, please. I need four fifth. Ms. Thompson: No. I just need to make sure that the record show who's the speaker answering - Chairman Gonzalez: All right. Ms. Thompson: -- to those things. Ms. Mazique: Lisa Mazique, Economic Development, Madam Chair [sic], sorry. Mr. Fernandez: Mr. Chairman, and prior to you taking a vote, there is a substitute item from that which appear on your agenda to that which would officially be that on which you take a vote today, and Ms. Lisa needs to state on the record what is the -- Chairman Gonzalez: Wait, wait. Mr. Fernandez: -- difference between the substitute item. Chairman Gonzalez: Wait, wait, wait, wait, wait, wait. Now we have a substitute item on this item? Mr. Fernandez: What is the nature of -- why is it being substituted? Ms. Mazique: My appreciation is that -- Chairman Gonzalez: OK. Let me tell you what is problem is. Let me tell you what my problem is with this, OK, and I know there is a motion and there is a second. My intention was to have this item defer, and let me tell you why. For me personally, to find out what was going on with this item, it require my chief of staff to send, I don't know how many e-mails to call I don't know how many people, you know, and we constantly -- I don't know why -- constantly, the Administration keeps doing the same thing over and over and over and over. I was not brief on the item. My chief of staff was not brief on the item. It took all the due diligence that we had to City ofMiami Page 28 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 do in order to find out what this item was all about, and now that we're ready to vote on the item, that finally we have apparently enough votes to approve this item, now we're going to have a substitute. Let me tell you -- Vice Chairman Sanchez: Well -- Chairman Gonzalez: -- I personally have a problem. Vice Chairman Sanchez: Mr. Chairman, if you would yield for a minute. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: I was the one that made the motion; I'd be more than glad to withdraw the motion and defer the item so we could all be briefed on it properly. In that way, when we come back, I think that it is in the best interest of all those who sit up here to come up here well-informed so we're able to make a reasonable determination on these items that are in front of us, whether it's a resolution or an ordinance, so having made the motion, I am prepared to withdraw my motion, Madam Clerk, and the motion that I would replacing it with is a motion to defer the item to the next Commission meeting so we could get a complete history as to are they going to be any liability -- is there any liability short-term or long-term for the City based on this? Has it all been cleared up? Because usually, when -- you know, once again, we're put in a situation where you have the sword in your back, and then the other sword in the front is the litigation part. If you don't do it, we're going to get sued, and when that happens, it's because somebody in the Administration made the wrong call. Commissioner Spence -Jones: I -- Ms. Mazique: IfI may? Commissioner Spence -Jones: -- just -- I'm sorry, Lisa. Can I --? Chairman Gonzalez: I also understand -- and let me correct the record -- through the due diligence that my office did to find out what was going on with this item, it has been stated that the remediation has been completed, and as I understand it, it's not -- it hasn't been completed because the remediation will expand to another property, so that's why, you know, each Commissioner should be briefed. Well, that's what my chief of staff -- maybe you don't know what you're talking about, butt know what I'm talking about because it happens that this property is in my district, OK, and I can tell you who the property belong to, and I can tell you the history of the property. The property belong to Related, and it was a property that was contaminated years ago when they dump ash from the incinerator, and the ash went from one parcel to another parcel to another parcel, OK. We had to clean it up. We had to clean one property that is going to be built, and when that property was clean, it was discovered that the ash had contaminated the next property, and the City asked the owner of the property to clean up the property, and the owner said, "No, I didn't dump the ash in there, and you are responsible to clean it up," so you know, I know the history of the property. Ms. Mazique: Yeah. I'm -- just for the record, respectfully, we did set meetings with all Commissioners, and we actually did meet with -- Chairman Gonzalez: Well -- Ms. Mazique: -- and brief -- the -- Chairman Gonzalez: Frank, would you -- City ofMiami Page 29 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Regalado: I requested information. Chairman Gonzalez: -- Frank, go downstairs. Frank. Commissioner Regalado: The reason I requested information because I didn't understand the -- and they went and brief me, and I just ask -- the question that you have, is it finished? Is it --? Chairman Gonzalez: It's not. Commissioner Regalado: -- and also wanted to know -- I was more interested in this item, Mr. Chairman, because I thought that this was a public building, a elderly -- Chairman Gonzalez: No. Commissioner Regalado: -- building -- Ms. Mazique: It is. Commissioner Regalado: -- and that it was going to be demolished, or something like that, and that was what caught my attention, and this is why I requested -- Chairman Gonzalez: I don't know -- Commissioner Regalado: -- the briefing. Chairman Gonzalez: -- if you remember. Remember the parcel of land that Reverend Martin Anorga and Tomas Diego wanted to build -- Commissioner Regalado: Exactly, exactly. Chairman Gonzalez: -- that they could never build it because they could not clean up the contamination? Commissioner Regalado: Exactly, exactly. Chairman Gonzalez: Because at that time, the City said that cleaning up that land was going to cost -- Commissioner Regalado: Millions. Chairman Gonzalez: -- millions. Commissioner Regalado: Yeah, and they had to pay for. Chairman Gonzalez: Well, like it happen in Grapeland. You know, it cost $9 million. Commissioner Regalado: And they have to pay for, and they were told at that time that they have to pay for. Chairman Gonzalez: Exactly. A developer purchased that land and clean up that land for a million dollars, something that was going to cost ten million, he was able to clean it up for one million, so you know, I would -- I wish I would have known this developer back then so he could have clean Grapeland instead of having the people that clean up Grapeland charge the City not -- almost $10 million to clean up the land, but you know, that's water under the bridge. City ofMiami Page 30 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Spence -Jones: Mr. Chairman, after -- Chairman Gonzalez: This -- let me finish, please, OK. The thing is that this developer clean up that land. The property next to that piece of land, which is going to be developed, belongs to Related. There is contamination in that property, is that correct, Frank? Frank Castaneda (Chief of Staff Chairman Gonzalez): Yeah. Chairman Gonzalez: There is also contamination on the property adjacent to that property, which belongs to -- Mr. Castaneda: Codec [sic] Chairman Gonzalez: -- Codec [sic], which is -- which both of these properties that I'm talking about are low-income housing in my district, OK Commissioner Regalado: Right. Chairman Gonzalez: The City said that it was the owner's responsibility to clean up the contamination. The owner of the property said, "No, I didn't contaminate it, " and going back to Reverend Anorga and Tomas Diego. The City said that the developer was the one that was supposed to clean up the land and -- Commissioner Regalado: Yeah, I remember that one. I remember. Chairman Gonzalez: -- the law says -- Commissioner Regalado: They were here. Chairman Gonzalez: -- that the City is the one that is responsible because the City was the one that contaminated the land, dumping the ash in there, so bottom line is, the piece of land that we're talking about now has been cleaned up, but now we have to go to Codec [sic] property to clean it up also, and I don't know how much it's going to cost, another $100, 000, $200, 000, whatever it is, but whenever an item comes to this dais, it has to come clean and clear. Vice Chairman Sanchez: Call the question -- oh, I'm sorry. Chairman Gonzalez: Now you want to -- Commissioner Spence -Jones: Frank, you're going to -- Chairman Gonzalez: -- add something? Commissioner Spence -Jones: -- comment, Frank? Chairman Gonzalez: Yes, Frank. Mr. Castaneda: What the Commissioner says -- the Chairman said is correct. Vice Chairman Sanchez: Frank, say your name. Commissioner Spence -Jones: Say your name, Frank. Chairman Gonzalez: Frank, speak -- City ofMiami Page 31 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Castaneda: Frank Castaneda -- Chairman Gonzalez: -- on the mike. Mr. Castaneda: -- chief of staff to Commissioner Angel Gonzalez. Priscilla A. Thompson (City Clerk): I'm sorry, Frank. You need to get -- Chairman Gonzalez: We can't hear you, Frank. Ms. Thompson: -- on the mike; I can't hear anything. Mr. Castaneda: I'm sorry. Frank Castaneda -- Ms. Thompson: Thank you. Mr. Castaneda: -- chief of staff to Commissioner Angel Gonzalez. Chairman Gonzalez: How did we found out about this? Mr. Castaneda: Well, we've been talking to everybody. They did come to our office two days ago, and we did talk to them. I talk -- I did talk to Related and they explain the situation to me as well. Chairman Gonzalez: That is the situation as I describe it? Mr. Castaneda: You're correct, Commissioner. Commissioner Spence -Jones: Mr. Chairman, I'm -- I just want to say this real fast. It is your district, and you know, we support you 100 percent on -- if there is some clarity or -- we all need to be further briefed on this item, for whatever reason. I was almost clear, from my briefing with the City Attorney, where I am as far -- and the City Manager, but if there's others on the dais that need further clarification, I think -- Chairman Gonzalez: Well -- Commissioner Spence -Jones: -- the problem -- that we need to defer the item. I -- Chairman Gonzalez: -- my problem is that now they're saying that they're modifying the item, and they're going to modify, and I don't know what the modification is going to be all about. Commissioner Spence -Jones: And then that was my -- going to be my question for the director. One, is this a time -sensitive issue, one, and two, if there is going to be a modification to the item, do we have a copy of the modification? Mr. Hernandez: If -- Chairman Gonzalez: Yes, Mr. City Manager. Mr. Hernandez: Mr. Chairman, first of all, I would like to apologize to you and the Commission because, in essence, I was just now struggling to find out what the substitute is, and in essence, it's just a question of wording, and if you allow me, the substitution deals with the language that rather than require an amendment to the contract, what is needed is a ratification of the issuance of the work order to be able to authorize the payment of compensation to PEICO, so in essence, rather than requiring an amendment to the contract, that the item should read for the City City ofMiami Page 32 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commission to ratify the issuance of the work order and authorize payment of compensation to PEICO for the work performed, so it's just the wording that changed. Chairman Gonzalez: All right. Commissioner Haskins: Because the work has already been performed and the invoice rendered. Vice Chairman Sanchez: Call the question to the deferral. Chairman Gonzalez: Call the question. Ms. Thompson: I need a second, please. Chairman Gonzalez: We have a second. Vice Chairman Sanchez: Have a motion to defer. Is there a second? Commissioner Regalado: Second. Ms. Thompson: Thank you. Chairman Gonzalez: We have a motion and a second to defer. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Hopefully -- Chairman Gonzalez: Defer to the next meeting. Vice Chairman Sanchez: -- next time it comes and -- Commissioner Spence -Jones: I said -- I just was asking, what's the time -sensitive issue? Is there a time -sensitive issue? Ms. Mazique: Respectfully -- go ahead. Mr. Hernandez: The urgency deals with the fact that the work has been done. It was done within the budget amount allocated in the work order. The work has been completed and we owe Commissioner Spence -Jones: And they want that -- and they want to get paid, basically. Mr. Hernandez: -- them money. That's the urgency -- Commissioner Spence -Jones: Oh. Mr. Hernandez: -- and in essence, I feel -- Ms. Mazique: And -- Mr. Hernandez: -- that if somebody has done the work and the work has been satisfactory completed, that we should pay. Chairman Gonzalez: Yes, ma'am. City ofMiami Page 33 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Mazique: -- just for a point of clarity, Mr. Chairman, you are correct, but we're dealing with three different ownership interests and we're dealing with three different stages of remediation. We did begin with Redevco, where the initial contamination was noticed, and now we're at the Related site and we've finished it there, and you're correct, the next stage will be the Codero site -- Chairman Gonzalez: OK. Ms. Mazique: -- but we're not dealing with one particular project. Vice Chairman Sanchez: I didn't know that. Ms. Mazique: There're stages. Chairman Gonzalez: All right, but you see -- Vice Chairman Sanchez: I didn't know that. Chairman Gonzalez: -- the Vice Chairman didn't know that, and when -- Vice Chairman Sanchez: I thought it was just one site. Ms. Mazique: No. Chairman Gonzalez: Right, and when the question was asked has this been completed, yes. No, it hasn't been completed because -- Ms. Mazique: For this area, for this site, sir. Chairman Gonzalez: Well, for this property -- Ms. Mazique: Yes, sir. Chairman Gonzalez: -- but now we're going to have to go into the next property, so -- Vice Chairman Sanchez: Listen, hopefully, next time, when it comes to us -- Ms. Mazique: Absolutely. Vice Chairman Sanchez: --I would be making the motion with no discussion whatsoever because you know what? I'm going to know everything about this -- Ms. Mazique: Absolutely. Vice Chairman Sanchez: -- OK. Ms. Mazique: Yes, sir. Vice Chairman Sanchez: With all due respect, I'm not well-informed on the item. It's been traditionally that I don't support an item that I'm not well-informed on. Madam Clerk. Ms. Thompson: I'm just frying to make sure that I had a complete vote. Vice Chairman Sanchez: I believe -- City ofMiami Page 34 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Haskins: I voted -- Chairman Gonzalez: All in -- Commissioner Haskins: -- yes. Vice Chairman Sanchez: -- we voted. Chairman Gonzalez: -- favor, say "aye". The Commission (Collectively): Aye. Ms. Thompson: Thank you. Vice Chairman Sanchez: Would you be satisfied with a roll call on this item, on a deferral? Ms. Mazique: Thank you. PH.2 06-01792 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AFTER AN Police ADVERTISED PUBLIC HEARING AS REQUIRED BY THE CITY COMMISSION, PURSUANT TO RESOLUTION NO. 06-0256, ADOPTED APRIL 27, 2006, AUTHORIZING THE PURCHASE AND INSTALLATION OF CLOSED CIRCUIT TELEVISION CAMERAS AT PUBLICLY DISCLOSED LOCATIONS, UTILIZING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT #RQ03-605674-16A, FOR COMPUTERS (BRAND NAME), PERIPHERALS, SOFTWARE, AND RELATED SERVICES (TECHNOLOGY PRODUCTS), EFFECTIVE THROUGH APRIL 30, 2006, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY U.S. COMMUNITIES, OR UTILIZING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT #RQ06-814063-10A, FOR HOMELAND SECURITY EQUIPMENT, PUBLIC SAFETY EQUIPMENT AND RELATED SERVICES, FOR THE DEPARTMENT OF POLICE, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $400,000, WITH ALL PURCHASES BEING SUBJECT TO BUDGETARY APPROVAL ONLY. 06-01792 Legislation .pdf 06-01792 Summary Form.pdf 06-01792 Pre-Attachment.pdf 06-01792 Memo.pdf 06-01792 Notice of Public Hearing.pdf 06-01792 Website.pdf 06-01792 Notice of Award of Contract.pdf 06-01792 Memo of Negotiations.pdf 06-01792 Revised Notice of Award of Contract.pdf 06-01792 Pricing Structure.pdf 06-01792 Technology Products.pdf 06-01792 Amendment to Notice of Award .pdf 06-01792 Revised Notice of Award of Contract 2 .pdf 06-01792 Acceptance Agreement. pdf 06-01792 Product Listing & Discount.pdf 06-01792 Administrative Agreement. pdf City ofMiami Page 35 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 10:30 A.M. PH.3 06-01793 Department of Community Development DEFERRED Item PH.2 was deferred to the City Commission meeting currently scheduled for November 9, 2006. A sign language interpreter translated discussion of item PH.3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 32ND PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $360,000, FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT- UNALLOCATED ACCOUNT; ALLOCATING SAID FUNDS, TO THE AGENCIES SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES, BEGINNING OCTOBER 1, 2006, FOR DISTRICT TWO; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 06-01793 Legislation.pdf 06-01793 Exhibit .pdf 06-01793 Exhibit 2 .pdf 06-01793 Exhibit 3 .pdf 06-01793 Exhibit 4 .pdf 06-01793 Exhibit 5 .pdf 06-01793 Exhibit 6 .pdf 06-01793 Exhibit 7 .pdf 06-01793 Summary Form.pdf 06-01793 AD .pdf Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0633 Chairman Gonzalez: All right. That concludes the regular agenda. Now we're ready to move into the Planning and Zoning. Commissioner Haskins: PH.3. Vice Chairman Sanchez: No. Chairman Gonzalez: Huh? Commissioner Spence -Jones: You have a -- Commissioner Haskins: You have PH.3 at 10:30. Commissioner Spence -Jones: -- PH.3. Vice Chairman Sanchez: No, no. PH, public hearing. City ofMiami Page 36 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: Oh, I'm sorry. We have PH3 at 10:30. What time is it? Commissioner Spence -Jones: It's 10:30. Priscilla A. Thompson (City Clerk): 10:30. Chairman Gonzalez: 10:31. Commissioner Spence -Jones: We're on time. Chairman Gonzalez: All right. Great. Commissioner Haskins: Perfect. Vice Chairman Sanchez: You couldn't have timed -- Barbara Gomez -Rodriguez (Director, Community Development): Perfect timing. Vice Chairman Sanchez: -- it better yourself. Chairman Gonzalez: Right on time. Commissioner Haskins: (UNINTELLIGIBLE). Vice Chairman Sanchez: You couldn't have timed it better yourself. Chairman Gonzalez: That's right. Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. We're requesting approval to approve unallocated economic development of District 2 funds to $50, 000 to Rafael Hernandez Housing and Economic Development Corporation; Downtown Miami Partnership, Inc., $60, 000; and $250, 000 will be for the City ofMiami Department of Community Development, for the funds to be utilized for the hard costs of the facade program. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Is there a motion? Commissioner Haskins: So moved. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Haskins: Barbara -- Commissioner Spence -Jones: I just have one question -- Chairman Gonzalez: Thank you. City ofMiami Page 37 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Spence -Jones: -- before we move on to PZ.1, Barbara. The 250 that's -- that is some dollars that can be utilized throughout all the districts or just -- Ms. Gomez -Rodriguez: No. Unidentified Speaker: District 2. Ms. Gomez -Rodriguez: This was only District 2 economic -- Commissioner Spence -Jones: OK. Ms. Gomez -Rodriguez: -- development pot that was not allocated on June 8 -- Commissioner Spence -Jones: OK. Ms. Gomez -Rodriguez: -- so this is only for the facade that they will be doing in District 2. Commissioner Spence -Jones: OK. City ofMiami Page 38 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 PART B Chairman Gonzalez: All right. We're ready to go into the Planning and Zoning agenda. Mr. City Attorney, would you please read the procedure of the Planning and Zoning agenda? Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman, Commissioners. PZ (Planning and Zoning) items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will then briefly describe the request, whether it's an appeal, a special exception, a vacation, a text amendment, a zoning change, a land use change, or a MUSP (Major Use Special Permit) and make its recommendation. After staff does its presentation, then the applicant or the appellant, if it's an appeal, will present their position to the City Commission. Immediately after the applicant has done so or the appellant, then the appellee gets an opportunity to present. Members of the public should be permitted to speak on all of the items appearing on the PZ agenda; time limit is to be imposed by the Chair, as you deem it reasonable and appropriate, according to those wishing to speak. If you have a large population or a large number of speakers, it would be prudent and reasonable for you to limit the time to a two to perhaps three minutes presentation. On items in which there's not a lot of speakers, the Chair exercises discretion. Certainly, not more than five minutes has been allotted in the past per speaker. The petitioners -- anybody, either the petitioner or the applicant, may ask questions of anyone in opposition to their issue, but all questions must be addressed through the Chair, and at the very end of the presentation, the applicant or the appellant has an opportunity for final comments and rebuttal. [Later...] Chairman Gonzalez: Lucia, yes. Lucia Dougherty: I was just going to ask you if you could give us a time before which you won't be hearing the last two controversial items, meaning the Herald site and the other one. Is there a time --? Chairman Gonzalez: What time are we going to be hearing Herald? Ms. Dougherty: Yes. Chairman Gonzalez: I -- Ms. Dougherty: Is there a time before which you won't here it, like 5 or --? Chairman Gonzalez: -- believe that we won't be able to hear it before 4 o'clock. Ms. Dougherty: OK. Thank you. Chairman Gonzalez: -- and I have a time certain at 5 with Crosswinds -- Ms. Dougherty: Very good. Chairman Gonzalez: -- so -- all right. We're going to stand in recess until 2:30 this afternoon. [Later... Chairman Gonzalez: (INAUDIBLE) Planning and Zoning meeting. Mr. Attorney, would you read the procedure once again for the people that were not here in the morning? Mr. Fernandez: Yes, certainly. The -- all the items this afternoon are P&Z (Planning & City ofMiami Page 39 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Zoning). Before these items are heard, all those wishing to speak will be sworn in by the City Clerk. Immediately after that, the staff will read or will describe or explain the item in front of the City Commission, whether it's an appeal, a special exception, a vacation, text amendment, zoning change, land use change, a MUSP (Major Use Special Permit), and staff would also then give its recommendation to the City Commission. Immediately after that, the applicant or the appellant has an opportunity to present his or her case, followed immediately by anyone who would speak adversely to it, and by the general public. The time allotted by the Chair to those speaking is directly dependent on the type of item and on the number of persons interested. It could range all the way from two minutes to four, five minutes, according to what the Chair and the Commission deems appropriate at the time, so you need to be aware that you will be time limited. However, every member of the public will be afforded an opportunity to express their thoughts on each item appearing in front of the City Commission. Anyone may ask a question or a series of questions from either the applicant, petitioner, or from someone else testifying, but all those questions have to be addressed through the Chair. At the end of such process, the applicant or the petitioner will have an opportunity to rebut all -- any testimony that has been presented, then the City Commission takes the item to itself and they deliberate on it, and then, ultimately, they take a vote and the item is either passed or not passed. Chairman Gonzalez: All right. As the City Attorney says, we are going to be allowing two minutes per speaker to address any of the items that are going to be discussed this afternoon. Of course, attorneys representing different groups are going to have more time to present their cases on both sides of each item. Let's start with PZ.8, this is a special exception. Priscilla A. Thompson (City Clerk): Chairman, ifI might, there seem to be some new faces. Do we -- Mr. Fernandez: Need to be sworn in. Ms. Thompson: -- want to check and see if we need to --? Chairman Gonzalez: Oh, I'm sorry. We have to -- that's correct. Go ahead. Ms. Thompson: If you have not been sworn in -- if you were not sworn in this morning and you will be testifying on any of the items on the P&Z agenda, I need you to please rise, raise your right hand so I can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. [Later...] Chairman Gonzalez: All right. Good afternoon, ladies and gentlemen. We are ready to resume this Planning and Zoning meeting. Mr. City Attorney, would you please read the rules of the meeting? Mr. Fernandez: Yes. Mr. Chairman, Commissioners, members of the audience, these are the rules that will be followed for the following public hearing. Before the PZ (Planning & Zoning) agenda, before this item is heard or opened, all those wishing to speak will be sworn in by the City Clerk, so in a few minutes, anyone who intends to speak, needs to raise up -- raise your right hand and be sworn in. Immediately after you're sworn in, staff will present and explain to the Commission and to all of you what this item is all about. Then the applicant for the MUSP (Major Use Special Permit) will make a presentation to the Commission. At that point, when they conclude, the public will have an opportunity to speak. The Chair will recognize any City ofMiami Page 40 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 member of the public who want to speak to speak for no more than two minutes. The clock will be ticking, and you will need to make all of your comments in less than -- in two minutes or less. The rules of the fire marshal are that no one is allowed to remain in chambers that -- if you're not sitting, you need to step outside to the main lobby and wait until members who have spoken go outside so that you can come in. Those are rules of the fire marshal, and if you're standing, you're not allowed to be in this auditorium. After all the public has spoken, the applicant has an opportunity to close with what we call a rebuttal argument, and he will be afforded some time, perhaps three to five minutes, to wrap it up. At that point, then the public input finishes, and the Commission brings the item to themselves, and they deliberate or they discuss the merits of all the testimony that you have provided, and then they will proceed to make a decision. Thank you, so if you're not sitting down, the sergeant at arms will ask -- will escort you outside, and please be considerate. When you finish speaking, make sure you go outside and allow someone else to come in so that they can participate. Ms. Thompson: Chair, do you want me to swear them all in first? Mr. Fernandez: Yes, and you -- Chairman Gonzalez: Yes, please. Mr. Fernandez: -- the Clerk would then ask for you to stand up at this time, those of you who will be speaking only. If you do not intend to speak, you do not need to be sworn; only if you're going to speak. Chairman Gonzalez: All right. Madam City Clerk. Ms. Thompson: Good afternoon, ladies and gentlemen. If you are planning on speaking on this item, I need for you to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Gonzalez: Thank you. You might be seated, please. PZ.1 06-00837ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE ALLEYS LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 2ND COURT IMMEDIATELY NORTH OF NORTHEAST 17TH TERRACE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED. City ofMiami Page 41 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 06-00837ac Public Works Analysis.pdf 06-00837ac Planning Analysis (OLD).pdf 06-00837ac Planning Analysis.pdf 06-00837ac ZB Zoning Map.pdf 06-00837ac Aerial Map.pdf 06-00837ac Application & Supporting Docs.pdf 06-00837ac Revised Opinion of Title.pdf 06-00837ac ZB Fact Sheet 06-26-06.pdf 06-00837ac ZB Fact Sheet 07-24-06.pdf 06-00837ac ZB Fact Sheet 09-25-06.pdf 06-00837ac ZB Reso.PDF 06-00837ac CC Zoning Map.pdf 06-00837ac CC Legislation (Version 2).pdf 06-00837ac CC Exhibit A.pdf 06-00837ac CC Fact Sheet.pdf 06-00837ac Submittal URBANA.pdf LOCATION: Approximately between NE 2nd Avenue and NE 2nd Court Immediately North of NE 17th Terrace [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Alfredo J. Gonzalez, Esquire, on behalf of Urbana Development Associates, Ltd., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with a condition*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with a condition* on September 1, 2005 by a vote of 4-0. ZONING BOARD: Recommended approval to City Commission on September 25, 2006 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a unified development site for the proposed Urbana Tower Major Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0635 Chairman Gonzalez: All right. PZ.1. Good morning. Lucia Dougherty: Good morning, Mr. Chairman. Do you -- Commissioner Haskins: Commissioner -- Ms. Dougherty: -- want to hear from staff first? Commissioner Haskins: -- could I just ask a favor? We have some residents that were -- there was an item on a garage on the last agenda on Royal Palm. It's a residence, and they sat City ofMiami Page 42 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 through the whole meeting the last time, and then we got delayed and had to defer everything. Would it be possible to hear PZ.20 out of order just --? These people really have spent a lot of time in the Commission meeting. Lucia, would you mind? Chairman Gonzalez: All right. Commissioner Haskins: Thank you. [Later..] Chairman Gonzalez: Lucia, finally, PZ.1. I think so. Ms. Dougherty: OK. PZ.1 and 2 -- do you want to hear from staff first, Mr. Chairman? Chairman Gonzalez: Pardon me? Jorge L. Fernandez (City Attorney): Yes. Ms. Dougherty: Do you want to hear from staff first? Chairman Gonzalez: Go ahead, sir. Roberto Lavernia (Chief of Land Development, Planning): PZ.1 is a closing, vacating, abandoning and discontinuing for public use of alley. The Planning Department recommend approval, with one condition. The condition is a five-foot wide fire access easement shall be provided adjacent and parallel to the existing ten foot wide alley along the north side of the proposed plat, between Northeast 2nd Avenue and Northeast 2nd Court. It's that will be the public benefit for the Fire Department. Chairman Gonzalez: All right. Is there anyone in opposition to this item? Anyone in opposition to this item? There's none. Ms. Dougherty: Mr. Chairman -- Chairman Gonzalez: No opposition. Ms. Dougherty: -- this is also a companion item to item number 2, and sometimes you like to see what the Major Use Special Permit looks like before you abandon the alley, so perhaps the -- Mr. Lavernia: The Major Use Special Permit will be for the Urbana Tower, located at 1741, 1753, 1773 Northwest 2nd Avenue, 221 and 231 Northeast 17th Terrace, and 1768 Northeast 2nd Court. The recommendation of the Planning Department is approval with conditions. The general conditions that we add to the Major Use, condition number 11, pursuant to the same related comments received by the Planning director, the applicant shall meet the following conditions: A, the use of the proposed signage on the top of the building needs to be detailed, digitally lighted art, moving or still, is allowed. However, advertisement will not be allowed as proposed, and will need to follow the City ofMiami sign ordinance; B, separate review and approval shall be required for all building signage; C, the color of the proposed boxes projecting from the facade shall be changed from the rendered mustard or yellow color; final color selections shall be subject to review and approval by the Planning director. Thank you. Ms. Dougherty: Thank you -- Chairman Gonzalez: All right. City ofMiami Page 43 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Dougherty: -- Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today with Alfredo Gonzalez, from my office, as well as Frank Paredes and John Fullerton, the architects for the project. This is an abandonment of a existing alley, which has actually never been opened, as well as a Major Use Special Permit. To let you know where it is, this is 2nd Avenue, this is the Bayview Market, this is 17th Street here, and this is 18th Street, so it takes up the entire block. Now the interesting thing about this property and project, this is -- my actual client is an architect from Argentina„ and he's proposed a very unique project for this site. This part of the building is residential, facing a residential. This part, meaning -- divided in half is the office building, and you can actually go from the office floor directly into the residential floor. That's a pretty unique situation in Miami. In fact, it's the first one that we know of. The other unique part of this property is it actually houses the S&S Diner, which we're going to incorporate into the project itself. The alley vacation, and by way of reference, the alley goes here and here. We're actually going to be dedicating this emergency access portion here in blue, because right now, you can't even get down this alley, and so this is where we're going to be dedicating -- this is the abandonment, and here is where the S&S Diner is, just for your reference. We have done -- and Alfredo, I believe, has already passed out to you -- our public purpose for the alley vacation, which is extensive, and I'm just going to tell you. We have proposed over $145, 000 in mitigation. We are doing an irrigation system of 35,000, Saint Augustine sod at 40,000, and frees and shrubs, all going to the Biscayne Park, which is located at this location here. Here's the Miami Cemetery, and here's the park where we'll be supplying those -- that improvements. The site itself -- here's the park that -- Biscayne Park that we will be actually putting the sod in and providing these landscape improvements. If you'd like, we could have the architect show you the actual rendering of the Major Use Special Permit, and Frank Paredes will do that. Frank Paredes: Good morning, Commissioners. Frank Paredes, with Fullerton Diaz Architects, 366Altara Avenue. Like Lucia touched upon before, we're very happy and excited to introduce this new prototype. Usually, when you actually think of a mixed -use project, it's really stacked like a wedding cake; retail, office, residential, but it's sort of very unique, the situation we have, where we have two levels of office for every three levels of residential, so every third floor could actually have direct access via a foyer; gives the building a unique style, in that it can actually have two facades; a facade that we're trying to feature with horizontal balconies towards the north, which is residential, looking down on its own pool deck, and then the vertical facade, which is the one that has higher floor to floor; which has about 20 levels of office facing the downtown with pretty much unobstructed views. The building is 20 stories on the side of the office, it's 36 stories on the side of residential, and it really just affects the floor to floor height. One of the features that we're doing here, that Lucia mentioned, is that the S&S Diner is actually going to be enlarged. They're going to have an area where the actual arcade steps around the building, and they're going to have a larger kitchen, a new kitchen, and they're going to have some outdoor seating area as well, so it's a very unique project, and we're very happy. One of the things that we definitely think that's appropriate, that's one of the conditions that think the Planning Department mentioned (INAUDIBLE) yellow mustard boxes. The boxes that we're proposing sort of stagger, the way you see here, and what they do is they fry to scale down the size of the ten -story podium, and what we'd like to do is definitely -- we're very happy with the color and like to keep the color, and it sort of hides the way the garage is working, and the way we've actually lined the street with the office component. The glass itself is a yellow glass. It's a spandrel glass. It's back painted with yellow and it's actually translucent, so it'll be illuminated at night, so in fact, at night, you really won't see the garage; you'll see these little linear yellow lines that'll actually scale down the size of the podium. The rendering that Lucia's passing around right now is the one that actually incorporates the ground floor view, where you see the S&S Diner being incorporated -- Commissioner Spence -Jones: OK. Mr. Paredes: -- and then, I guess, this is the actual view where you actually see the boxes being City ofMiami Page 44 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 illuminated at night, where the rest of the facade would actually be in shadow. Ms. Dougherty: That does conclude our presentation. We have, of course, our traffic engineer here, if you have any questions about traffic or economic impacts. Vice Chairman Sanchez: All right. Are there any questions from the Commission? If not, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Sir? Unidentified Speaker: No, no Vice Chairman Sanchez: You stood up. All right. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. We need a motion and a second. It's a resolution. Commissioner Haskins: So moved. Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion by Commissioner Haskins, second by Commissioner Spence -Jones. The item is open for discussion. Hearing no discussion, it's a resolution. All in favor, say "aye." Ms. Dougherty: Before you vote, couldl ask, do we have to change the color? Commissioner Haskins: This is not -- Mr. Fernandez: Well, no. This is -- Commissioner Haskins: -- this is PZ.1. Mr. Fernandez: -- PZ.1. Ms. Dougherty: Oh, I'm sorry. Vice Chairman Sanchez: PZ.1. PZ.1. Ms. Dougherty: Never mind. Vice Chairman Sanchez: It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.2 06-00377mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE URBANA TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 1741, 1753 AND 1773 NORTHEAST 2ND AVENUE, 221 AND 231 NORTHEAST 17TH TERRACE, AND 1768 City ofMiami Page 45 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 NORTHEAST 2ND COURT, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 445-FOOT, 37-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 100 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 120,102 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 9,846 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 592 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00377mu - PAB Fact Sheet.pdf 06-00377mu - Analysis.pdf 06-00377mu - PAB Zoning Map.pdf 06-00377mu - Aerial Photo.pdf 06-00377mu - HEPB Resolution (6.6.06).pdf 06-00377mu - Traffic Sufficiency Letter (2.23.06).pdf 06-00377mu - IDRC Comments (2.15.06).pdf 06-00377mu - UDRB Resolution (2.15.06).pdf 06-00377mu - Public Works Comments (1.20.06).pdf 06-00377mu - School Board Comments (1.11.06).pdf 06-00377mu - Aviation Comments (1.10.06).pdf 06-00377mu - PAB Legislation.pdf 06-00377mu - Exhibit A.pdf 06-00377mu - Exhibit B.pdf 06-00377mu PAB Reso.PDF 06-00377mu CC Zoning Map.pdf 06-00377mu - Front Cover.PDF 06-00377mu - Inside Cover.PDF 06-00377mu - Table of Contents.PDF 06-00377mu - I Project Information A to I.PDF 06-00377mu - A Letter of Intent.PDF 06-00377mu - B Major Use Special Permit Application.PDF 06-00377mu - C Zoning Write-Up.PDF 06-00377mu - D Zoning Atlas.PDF 06-00377mu - E Project Data Sheet.PDF 06-00377mu - F Deed - Computer.PDF 06-00377mu - G Ownership List.PDF 06-00377mu - H State of Florida Documents.PDF 06-00377mu - I Directory of Project Principals.PDF 06-00377mu - II Project Description.PDF 06-00377mu - III Supporting Documents Tab 1 to Tab 6.PDF 06-00377mu - Tab 1 Minority Construction Employment Plan.PDF 06-00377mu - Tab 2 Sufficiency Letter and Traffic Impact Analysis.PDF 06-00377mu - Tab 3 Site Utility Study.PDF 06-00377mu - Tab 4 Economic Impact Analysis.PDF 06-00377mu - Tab 5 Survey of Property.PDF 06-00377mu - Tab 6 Drawings Submitted.PDF 06-00377mu CC Legislation (Version 2).pdf 06-00377mu CC Fact Sheet.pdf City ofMiami Page 46 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 LOCATION: Approximately 1741, 1753 and 1773 NE 2nd Avenue, 221 and 231 NE 17th Terrace and 1768 NE 2nd Court [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Alfredo J. Gonzalez, Esquire, on behalf of Urbana Development Associates, Ltd., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on June 6, 2006 by a vote of 8-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 5, 2006 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Urbana Tower project. Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0636 Vice Chairman Sanchez: And we move to PZ.2. All right. Administration, you're recognized. Commissioner Haskins: Is there -- is this a hear --? Well, they already explained this. Jorge L. Fernandez (City Attorney): Yeah. 1 and 2 -- Commissioner Haskins: It's part of -- Mr. Fernandez: -- were opened together -- Commissioner Haskins: -- they were explained together -- Mr. Fernandez: -- at the same time. Commissioner Haskins: -- so it's -- Vice Chairman Sanchez: OK. Commissioner Haskins: -- I think it's a --- public hearing is open, if anyone wants to speak. Vice Chairman Sanchez: All right. It is a public hearing. It's also a resolution. PZ.2 is a resolution. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission, and I believe a motion is in order. Commissioner Haskins: I make a motion to approve, with conditions, but removing 11 -- City ofMiami Page 47 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Roberto Lavernia (Chief of Land Development, Planning): C. Commissioner Haskins: -- C. Mr. Lavernia: Yes. Vice Chairman Sanchez: All right. There's a motion to approve removing -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- amendments 11 C. Mr. Lavernia: Condition 11C. Vice Chairman Sanchez: All right, condition 11 C; there is a second. The item is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk. Priscilla A. Thompson (City Clerk): Just wanting to make sure with the City Attorney that by removing that condition, it does modify the resolution? Mr. Fernandez: It does. Ms. Thompson: Thank you. Vice Chairman Sanchez: All right. That's been clarified. Ms. Thompson: Thank you. PZ.3 06-01019Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 726 NORTHWEST 32ND PLACE AND 725 & 733 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 48 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 06-010191u - PAB Fact Sheet.pdf 06-010191u - Analysis.pdf 06-010191u - Concurrency Report.pdf 06-010191u - PAB Comp Plan Map.pdf 06-010191u - PAB Zoning Map.pdf 06-010191u - PAB Aerial Photo.pdf 06-010191u - PAB Legislation.pdf 06-010191u - Application Documents.pdf 06-010191u PAB Reso.PDF 06-010191u CC Land Use Map.pdf 06-010191u & 06-01019zc CC Aerial Map.pdf 06-010191u CC Legislation (Version 2).pdf 06-010191u & 06-01019zc CC Exhibit A.pdf 06-010191u CC FR Fact Sheet.pdf 06-010191u CC SR Fact Sheet 11-09-06.pdf 06-010191u Submittal.pdf 06-010191u CC SR Fact Sheet 11-09-06.pdf LOCATION: Approximately 726 NW 32nd Place and 725 & 733 NW 33rd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Dimar and Brothers, LLC and Santiago D. Hernandez, Owners FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 6, 2006 by a vote of 6-0. See companion File IDs 06-01019zc and 06-01019mu. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Loftika Major Use Special Permit. CONTINUED A motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Haskins absent, to continue items PZ.3, 4, and 5 to the City Commission meeting currently scheduled for November 9, 2006 at 10 a.m. Vice Chairman Sanchez: And we move on to PZ.3. This is an ordinance on second reading. Lucia Dougherty: Thank you. Vice Chairman Sanchez: It is an ordinance on second reading. Just for the record, is there any opposition to this item? Unidentified Speaker: Yes. Unidentified Speaker: Yes, yes. There is? OK. PZ.3, we'll go ahead and start with the Administration. It's on second reading. You're recognized -- Roberto Lavernia (Chief of Land Development, Planning): Yes, sir. City ofMiami Page 49 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vice Chairman Sanchez: -- executive director. Mr. Lavernia: For the record, Roberto Lavernia, Planning Department. Item 3, 4 and 5 are sort of companion items because one is the land use change; 4 is the zoning change, and 5 is the Major Use for the same project. Vice Chairman Sanchez: All right. Mr. Lavernia: Item number 3 is a future land use map change for properties 726 Northwest 32nd Place, 725 Northwest 33rdAvenue, 733 Northwest 33 Avenue. It's -- the requested change is from duplex residential to restricted commercial; lots behind the properties facing Northwest 7th Street. The recommendation of the Planning Department is for approval in this case. Item number 4 are same properties, the zoning change. Planning Department is also recommending approval. Item number 5 is the Major Use for the Loftika project that we're -- Planning Department is recommending approval with conditions. The Planning Advisory Board recommend approval with the same conditions also, same conditions that we put -- a Major Use with exception number 11, which is design review conditions that I'm going to put on the record. Vice Chairman Sanchez: All right. Those conditions will be put on the record once we get to vote on those items, so for the record, it's PZ.5. Mr. Lavernia: Yes. Vice Chairman Sanchez: All right. Let's go ahead and go with PZ.3. Ben Fernandez: Thank you. Mr. Chair, Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the property owner. If you would like, Mr. Chair, I could present the project, together with the zoning and land use. I defer to you on whether or not you want to proceed in that way, since you did -- Jorge L. Fernandez (City Attorney): No. Mr. B. Fernandez: -- hear the land use and zoning items on the first reading. Mr. Fernandez: Mr. Chairman, my advice to you is that you, in fact, open all three items together at the same time, as they are related, and then when you come -- when it comes to make taking a vote, that you vote on each of them -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- separately. Vice Chairman Sanchez: Under the advisement of the City Attorney, we will be taking PZ.3, PZ.4, and PZ.5, and then we'll vote on them separately, so you're recognized. Mr. B. Fernandez: Thank you, Mr. Chair. First thing I'd like to do is incorporate, by reference, all the comments of the UDRB (Urban Development Review Board) hearing, as well as the Planning Advisory Board and Zoning Board hearings on this item. Again, Ben Fernandez. I'm here today with Mr. Hassan Jalali, Mr. Richard Eichinger, our traffic/transportation consultant; our project architect, from Borges & Associates, Mr. Robert Beauchamp and Mr. Rafael Marco, and this is a project that you may remember from your last read -- meeting. It is on Northwest 7th Street, between 32nd and 33rd Avenue, and it is primarily a project that is zoned C-1. It -- there are three lots behind the property that we are requesting that you rezone to C-1 from R-2. What we have done in exchange for that rezoning, essentially, is provided a project that -- which City ofMiami Page 50 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 we feel is much more com -- will be much more compatible with the surrounding area than a project that would simply be developed pursuant to the C-1 zoning districts today. What you see is a project that sets back approximately 20 feet from the property line, which is next to the nearest residential use, R-2 use here, and actually, the height -- the taller part of the building sets back a total of 25 feet from this property line, because what you have first abutting -- Mr. Fernandez: Mr. Chairman, you don't have a quorum. Vice Chairman Sanchez: All right. I have just been advised that we do not have a quorum, so we must wait for one more Commissioner to come back -- Mr. B. Fernandez: OK. Vice Chairman Sanchez: -- because we don't have a quorum, so can we get the sergeant at arms to fry to help me out with a quorum here? All right. Why don't we do something, all those that will be speaking either for or against the item, why don't we come over here, and we could use this mike over here. Ms. Thompson: We need to make sure they've all signed in, registered with us. Vice Chairman Sanchez: Also, make sure that you all have signed in and you've -- I mean, you've registering, and you have been sworn also, so if you have -- has everyone been sworn in? Yes. Ma'am, sir, OK. All right, the Chair is back, and therefore, we have a quorum, and I'll be passing the gavel back to the Chair. Chairman Gonzalez: Thank you, sir. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Ben. Mr. B. Fernandez: Thank you, Mr. Chair. Chairman Gonzalez: I do have a question. I'm going to allow the whole presentation to go through, but on the first reading, I asked both of you, the neighbors and yourself to get together and fry to find solutions to their concern. Has that been achieved? Mr. B. Fernandez: Yes, it has. We did meet. We met with the neighboring property owners as well as their counsel, who's here today with us, and what we did was essentially offer to provide them any type of raw material of their choosing, along the property line here. Chairman Gonzalez: OK. Mr. B. Fernandez: We offered to increase the height of that wall, if they choose to. Of course, that would require subsequent variance, but -- Chairman Gonzalez: Right, right. Mr. B. Fernandez: -- which we would be willing to apply for. We agree to increase the density of the landscape buffer along our property line, as well as provide them with a landscape stipend or some sort of improvement on their side of the wall as well for landscaping, and finally, their -- they -- we also offered to allow them use of our green space, and as I get into the project, you know, we -- I can explain that more to you. What you have behind this R-2 home is essentially a approximately 600-square foot green area that we are dedicating as an open space for the benefit of the project. Even though this is being rezoned C-1, it will only contain a green space City ofMiami Page 51 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 and townhomes facing 33rd Avenue. On 32nd Avenue, what we have is a 20-foot distance between the property line and the first town home, and the distance between the property line and the actual podium of the parking area, which is also entirely lined with habitable units here, the only area that isn't lined is here up against the residential area, so that you don't have a lot of views this way into the residential area. You have an additional 5 feet, so what you have in total is 25 feet to the podium of the parking structure, from the property line, and that's not including, of course, the distance from the property line to the neighbor's home, which is considerable since this is a duplex that zigzags, so you have an additional five feet in the back, for a total of 30 feet to the parking podium, and over here, although we haven't measured it, our guesstimate is that there's at least another 25 feet from the property line to this building line, which would give you 50 feet. I mean -- Chairman Gonzalez: All right. Another question is we had a full presentation at the first meeting, did we? Mr. B. Fernandez: We had a full presentation on the zoning and land use items. I could very briefly just complete my presentation on the actual Major Use Special Permit -- Chairman Gonzalez: All right. Mr. B. Fernandez: -- which is before you today. Chairman Gonzalez: All right. I'm going to allow you to complete your presentation, and then I'm going to give you time so you can put on the record -- Mr. B. Fernandez: Thank you, Mr. Chair. Chairman Gonzalez: -- the agreements, and ifyou're in accordance with -- that they have proffered, OK. Mr. B. Fernandez: Again, currently, the property is developed with an office retail use, which we believe is not as compatible with the area as this would be. It has essentially an on -street surface parking lot, and on -street parking. We will be providing a parking lot that is entirely lined with either a decorative treatment or a habitable liner. Our -- we are requesting a 60 percent lot coverage, but we're providing more than 65 percent of the lot coverage, which is what you need to provide in order to obtain the greater lot coverage. Our building steps down into the abutting residential area. The tallest part of the structure is up against Northwest 7th Sfreet here, where we have approximately 13 stories. It then steps down once into the north to approximately 80 feet, and then it steps down again where the town home liner is to approximately 20 feet. All of the service uses, all of the traffic is entirely internalized through a driveway, which you can see the opening for here. This driveway cuts through the -- Chairman Gonzalez: That will be -- Mr. B. Fernandez: -- I'll show you on the site plan. Chairman Gonzalez: -- on 7th Sfreet, right? Mr. B. Fernandez: Yes. This is off of 7th Sfreet. This is 7th Street. This is the internal drive. Chairman Gonzalez: OK. Mr. B. Fernandez: Loading takes place in here. Garbage pick-up takes place in here. Everything is internalized, and then you see that the townhome liners are on the opposite side, so the noise is buffered -- everything is buffered. This is about as good a design as you can come City ofMiami Page 52 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 up with in terms of something that's compatible with an adjacent residential neighborhood. The recreational facilities are located here between the tower and town home -- well, these apartment units and the townhomes down here. There are no balconies facing the adjacent property owner that you're going to hear from today. The only balconies are located here over on this side. Chairman Gonzalez: And the recreation that will also be enclosed, more or less -- Mr. B. Fernandez: The recreation is -- Chairman Gonzalez: -- between -- Mr. B. Fernandez: -- more or less enclosed, yes. It's not going to have a view this way. Chairman Gonzalez: OK. Very good. Mr. B. Fernandez: There are terraces here on the very top floor -- Chairman Gonzalez: OK. Mr. B. Fernandez: -- but those are way above -- Chairman Gonzalez: Yeah, way above. Mr. B. Fernandez: -- all the residential. Chairman Gonzalez: Yeah, yeah. Mr. B. Fernandez: In terms of --just want to run through this briefly. Of course, all the lower boards have recommended approval of this project, the UDRB, the Planning Advisory Board, and the Zoning Board. We had no opposition to the project until the last hearing, was the first time that we really heard from these objectors. As I said, we did try to meet with them, and we have offered them something in order to fry to mitigate the impacts, which we feel are really minimal on their property. This application, I believe, meets the test for a Major Use Special Permit described in Section 1703.2 of your Zoning Ordinance. It will have an economic -- favorable economic impact. It's going to provide approximately $983, 592 in impact fees to the City ofMiami and Miami -Dade County, as well as $615,354 annually in ad valorem taxes; the short-term construction employment, benefits, wages, et cetera, that the project would generate are over $19.4 million. We're not requesting any variances as part of this project whatsoever, and the project, we believe, is consistent. The land use amendment and the zoning change are consistent with objectives L U-1 and L U-1.2 of your land use plan that encourage you to revitalize blighted and declining areas. Again, what's on this property today is an old office building that is at least 25 years old. With that, I think that we will close our presentation, and reserve some time for rebuttal, if necessary. Thank you. Chairman Gonzalez: Thank you. Hi. Good morning. Leslie Schreiber: Good morning, Commissioners. My name is Leslie Schrieber, and I'm here in opposition and on behalf of resident and -- who will become an abutting property owner, Emelina Iglesia. We also have some family and neighborhood members who would like the opportunity to speak after I do. Chairman Gonzalez: All right. Let me ask you, are you an attorney? Ms. Schrieber: Yes, I am. City ofMiami Page 53 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: All right. Are you a registered lobby [sic]? Ms. Schrieber: Yes, I am. Chairman Gonzalez: You are. Ms. Schrieber: I registered yesterday. Chairman Gonzalez: All right. I'm going to allow you five minutes. Ms. Schrieber: OK. Chairman Gonzalez: I'm going to allow the residents two minutes each -- Ms. Schrieber: Thank you, sir. Chairman Gonzalez: -- because I need to limit the time when we -- Ms. Schrieber: OK. Generally, and as you all probably know, there's no entitlement to a change in zoning. Zoning and land use changes have to be in context with the existing law. Again, the Commissioners are asked to do a balancing act between unfettered development and what's considered smart growth in light of the existing Comprehensive Plan, what's in development the Miami 21. Our major complaint are a few -- our major complaints are a few today, but I'm going to speak about just generally the fact that this building, and allowing a 13-story sfructure to go up, you're setting a precedent. The only other existing moderate structure that is residential and higher than two stories is across the street, and it's a five -story building. To allow a structure like this to go up 13 stories absolutely changes the character and context of what's historically been a very residential, low-rise neighborhood. We're asking you where does the line in the sand get drawn. We would like this Commission to consider -- to especially consider at least limiting the height of this building. The Miami Neighborhood Comprehensive Plan, the goals are pretty well set forth, which requires protecting and enhancing the quality of life in the residential neighborhoods and promoting the efficient use of land and minimizing land use conflicts. It also seeks to prevent encroachment of incompatible land uses. We are specifically requesting the following today: Number one, requesting a denial of the zoning and land use changes. It's really important that this neighborhood be kept intact, and secondly, that this Commission sets a precedent for what's going to follow. Surely, betterment of this neighborhood will proceed with other buildings and other structures going up. This -- it's this building that's setting the parameter for future use. If however, this Commission decides to go forward and permit the zoning and land use changing -- changes, we are seeking that -- asking that the Commission absolutely ensure that the conditions that had previously been set forth by the Planning Department be met, specifically looking at item number 11, that they record a covenant running with the land; that the height and the envelope on the existing R-2 parcels will never exceed that of the approved project, and also ensuring that Ms. Iglesia's property is protected, and that her quiet enjoyment and her living conditions are preserved by landscaping, which hopefully, she can met with the architect to discuss, and also creating some sort of material sfructure that is going to prevent what might be residents from Loftika looking down on her property, invading her privacy, and also we have to consider the noise issues that she's now going to be facing, the dust from construction; her habitability is going to change tremendously, so we'd like to make sure that the City includes some sort of protection for Ms. Iglesia. I would also like to voice specific objections, namely, with respect to the height of this building. It is absolutely out of character with the existing community, and in addition, the close proximity of the Loftika project will have a negative impact on traffic. Despite what the traffic reports presently say, common sense tells us if you're adding this many residential units in such a limited space, this has to have an impact on traffic; that impact is going to be negative, and bearing in City ofMiami Page 54 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 mind that the way the plans are presently set, the ingress and egress from the property not only occurs on Northwest 32nd; it also occurs on 33rd Street. I would like some sort of attention to be paid as to whether this is the most beneficial use of ingress and egress to Loftika, or perhaps, ingress on one street and egress on another to again prevent unfettered traffic within the community. Also bearing in mind that the present nature of the existing commercial building has generally a 9 to 5 character; it's open for business at 9; it closes at 5. It's probably not too heavily impacted on the weekend. This is going to change, and it certainly impacts the neighbors. We do have a specific complaint about the signage that has already been erected, we believe, prematurely to the acceptance or denial of this Commission. They've been advertising this project, we feel, prematurely, and I would also like to voice an objection with respect to the notice and due process that had been afforded the citizens. The reason the citizens are here today and they haven't appeared throughout the year is although notices had been put up, this is a primarily Spanish-speaking community; the notices have been in English. I'm also submitting into the record notices that have been ripped from the telephone poles where they're posted. Most of -- Chairman Gonzalez: Mr. -- Ms. Schrieber: -- these citizens were not aware of the -- Chairman Gonzalez: Allow me to interrupt you for a minute. Are we forced, in any way, to make this announcement in Spanish or Creole or --? Lourdes. Mr. Fernandez: The law does not require it, and my advice would be that the City Commission does not undertake to have -- accept any other obligation in any other language other than that which is absolutely required by statues [sic], because then you know, you would need to go neighborhood by neighborhood and determine -- Chairman Gonzalez: Right. Mr. Fernandez: -- you know, the -- Chairman Gonzalez: The language. Ms. Schrieber: In all fairness -- Chairman Gonzalez: I all -- Ms. Schrieber: --I agree with the City Attorney on that, butt just wanted the Commission to be aware of this is why we're here today. We weren't here six months ago, and we did go by and with respect to the Commission hearing today, there were no notices posted, and those that were posted were mysteriously torn down, so -- Chairman Gonzalez: Teresita, what about -- have we advertised this properly with the notices and the letters -- Teresita Fernandez (Executive Secretary, Hearing Boards): Right. Chairman Gonzalez: -- and everything? Ms. Fernandez: Everything. Chairman Gonzalez: Is in order? Ms. Fernandez: Yes. City ofMiami Page 55 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: All right. Does that conclude your presentation? Ms. Schrieber: This does conclude my presentation. Again -- Chairman Gonzalez: All right. Ms. Schrieber: -- bearing in mind our three requests, primarily, the -- Chairman Gonzalez: Yes. Ms. Schrieber: -- the request for denial and -- of the zoning and land use change. Chairman Gonzalez: Ben, do you agree with the conditions of the -- Mr. B. Fernandez: Absolutely, Mr. Chair. Chairman Gonzalez: -- City? Mr. B. Fernandez: We do. Chairman Gonzalez: OK, and -- Ms. Schrieber: May I just interject one thing? I will -- would like to submit into the record a petition signed by the residents -- Chairman Gonzalez: Just give it to the City Clerk. Ms. Schrieber: -- and as well as some photographs. Chairman Gonzalez: Anyone from the public that wants to speak on the item, please come forward. You have -- each one of you have two minutes. I'm -- explain the lady that she's going to have two minutes, because I know that she has a big letter in her hand, you know, that probably take -- Elena Safstrom: May I say something, please? My mom is elderly and -- Ms. Thompson: I'm sorry. I need you on the mike in order to record. Thank you. Ms. Safstrom: Please, my mom is elderly, and I would respectfully request that you don't put a time constraint on her because she's not going to be able to -- Chairman Gonzalez: Ma'am, I have to limit everyone to the two minutes, because -- she already spoke on the first reading, and I'm sure that she's going to repeat exactly what she said on the first hearing, but it's my duty to allow her to speak on the record. Now I cannot allow her to speak more than two minutes because later on this afternoon, we're going to have a meeting where there's going to be a lot of people here that want to speak on the item, and they're going to be given two minutes, and then I will be discriminating ifI give your mom two minutes -- five minutes, and then I give the other communities five minutes to speak on the item, so -- Ms. Safstrom: OK. Chairman Gonzalez: -- two minutes is what I'm giving her and -- I mean, two minutes, she's -- all she's going to say is that she oppose the project; that she doesn't want the project built next to her house; that it's going to impact her negatively. Those are the things that she said on the first City ofMiami Page 56 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 meeting. I remember exactly things that she said, and we know what she said. She's going to repeat the same thing. It's her -- you know, it's her right to do that. I have to listen to it and my colleagues have to listen to their -- her point, but she's allowed two minutes to speak on -- Safstrom: With all due respect, your point is -- Ms. Thompson: I'm sorry. Before we continue, I need your name for the record, please. I can't Chairman Gonzalez: Exactly. Ms. Safstrom: My name is Elena Safstrom. I live at 1207Alhambra Circle, in Coral Gables. Chairman Gonzalez: Right. Ms. Safstrom: With all due respect, and your point is very well taken, however, we go back to things that were said at the last Commission hearing, such as why are we here at this time, and I thought that point was clearly stated at the last Commission meeting, and he continues to bring it up, and we have already explained to the Commission and to him why we're here at this point, so there are certain things that -- Chairman Gonzalez: I -- Ms. Safstrom: -- we need to go back and clarify from the last hearing. Chairman Gonzalez: -- assume that you're here because you are in opposition of the item -- Ms. Safstrom: Correct -- Chairman Gonzalez: -- right? Ms. Safstrom: -- but there are some points that are not clear from the last hearing. Chairman Gonzalez: OK. Your mom's going to have two minutes; you're going to have two minutes; each one of you is going to have two minutes, and among yourselves, you're going to be able to put on the record all the testimony that is pertinent to the case. Yes, ma'am. We need her name and address for the record. Emelina Iglesia (as translated by official Spanish interpreter, Rene Ramos): Good morning, dear Commissioners. My name is Emelina Iglesia, and I live at 734 Northwest 32nd Place. I lived at this place for the last 29 years. Before that I live at the corner of the same street. Before, I had always lived in this area. I'm here again today to ask you to vote against articles PZ.3 and PZ.4 of the agenda, the proposed -- to change the use of the zoning of such -- those properties. These articles will permit the intrusion of commercial development in an area that has always been residential, and will push the commercial area right next to -- door to my house. I also beg you to vote against article PZ.5 that ask for the construction of a 13-story building for mixed -use that would include 183 units of residential, also offices and stores. This building would be almost three times as high as any other building in the area, and by miles, in all -- both directions. All the homes in the area will look dwarfed compared to this gigantic building. This building would look bad in this area. It would stick out too much. It would look like a big drape, big mountain - Chairman Gonzalez: All right. Ms. Iglesia (as translated by official Spanish interpreter, Rene Ramos): -- in a valley. City ofMiami Page 57 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: Her time has expired. She has been speaking for three minutes instead of two minutes, so I gave her an additional minute, OK, and she's reading the same letter that she read at the first hearing, so she's not bringing any new arguments into the deal. Gracias, senora. Next speaker, please. Ms. Iglesia (as translated by official Spanish interpreter, Rene Ramos): Thank you very much. Chairman Gonzalez: We need her name and address. Amelia Iglesia (as translated by official Spanish interpreter Rene Ramos): My name is Amelia Iglesia. I live at 734 Northwest 32nd Place. The projecting [sic] -- Chairman Gonzalez: Let me help you out. (Comments in Spanish not translated). Ms. A. Iglesia: (Comments in Spanish not translated). Chairman Gonzalez: (Comments in Spanish not translated).Set the clock at two minutes again, please, to make sure that she is allowed the time that -- Ms. A. Iglesia (as translated by Spanish interpreter, Rene Ramos): Because I live next door to the place where -- that's going to be built. Chairman Gonzalez: OK. Ms. A. Iglesia (as translated by Spanish interpreter, Rene Ramos): I had always lived there, and now they're going to put that building so high -- I don't know. They shouldn't be allowed because all the neighbors are opposed to it. I would ask you to please vote against this project. This is going to bring too much crime. There's going to be 50,000 people that's going to come to live in this place. I would ask you to please vote against this project -- Chairman Gonzalez: Let me -- Ms. A. Iglesia (as translated by Spanish interpreter, Rene Ramos): -- because all the residents who -- Chairman Gonzalez: -- I want you -- Ms. A. Iglesia (as translated by Spanish interpreter, Rene Ramos): -- are going to suffer too much. Chairman Gonzalez: -- to translate to her what I'm going to say, one point. Tell her that there is no way that, in 185 apartment, you can fit 50,000 people. Fifty thousand people is almost a town, so whoever told her that is not telling her the fruth about the issue, OK? Unidentified Speaker: May I interject, please? Chairman Gonzalez: It's going to be 185 families. She can also -- she can assume that the people that are going to live there are criminals. Ms. A. Iglesia (as translated by Spanish interpreter, Rene Ramos): All I said was a thousand people. Chairman Gonzalez: Well, she said 50,000, but whatever. All right. Thank you. Gracias, senora. Mucha Gracias. Next speaker, please. City ofMiami Page 58 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. A. Iglesia: Gracias. Chairman Gonzalez: Mr. City Attorney. Mr. Fernandez: Yes, sir. Chairman Gonzalez: Is the meeting conducted properly? Mr. Fernandez: Certainly has. Chairman Gonzalez: Thank you. Yes, ma'am. Ms. Safstrom: Good morning, Commissioners. As stated before, my name is Elena Safstrom, and live at 1207Alhambra Circle, in Coral Gables. There are numerous problems with the building as proposed in the Loftika project. The first issue I would like to address is the height of the proposed building. This building, as our counsel has pointed out, is out of character for this area. It is 13 stories. It's going to also comprise of office space and retail space. It'll be the biggest and the tallest in the area for miles. The tallest structure is a five -story building across the street, not like Mr. Fernandez stated at the last hearing, that it was an eight -story building. Mr. B. Fernandez: Excuse me, Mr. Chair. I have to object to this entire line of testimony. Number one, it's repetitive. Number two, she doesn't even live in our municipality. Chairman Gonzalez: I know. Mr. B. Fernandez: She testified that she lives in Coral Gables. Thank you. Chairman Gonzalez: We're aware of that, but -- Ms. Safstrom: I am the daughter of the most -- Chairman Gonzalez: -- I have to -- Ms. Safstrom: -- affected party by this project, by the way. Chairman Gonzalez: Yeah. OK. You may continue. Ms. Safstrom: He stated that it was an eight -story building across the street, and I want, for the record, to say that it is a five -story building. Mr. B. Fernandez: I didn't say that. Ms. Safstrom: We -- I'm sure that we can go back to transcripts. Chairman Gonzalez: Don't worry. Continue. Ms. Safstrom: We're convinced that there are better places for a building such as this one, but this is not the place. Also, advertising has been overemphasized in this project. They have huge posters in the front of the future desired site for this building, and also there is a huge billboard on State Road 836. We feel -- they have not stopped there. They also have a website in which they're advertising the project. They're advertising in foreign markets, and we believe this is premature and should be illegal since they have not received approval for the project. The next topic that want to talk to you about very briefly is the deficient notices. We have pictures to show that the notices were ripped down within a day or two after they were posted. City ofMiami Page 59 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: But they were posted, weren't they? Ms. Safstrom: I believe that you are correct, because some people saw them for a day or two -- Chairman Gonzalez: And somebody -- Ms. Safstrom: -- so -- Chairman Gonzalez: -- went out there and rip them off. Ms. Safstrom: Correct. We have -- Chairman Gonzalez: Well, you know -- Ms. Safstrom: -- pictures to show that. Chairman Gonzalez: -- the responsibility of the City is to post the signs -- Ms. Safstrom: OK. Chairman Gonzalez: -- and the City complied with their responsibility of posting -- properly posting the advertisements, so -- Safstrom: The point is well taken. After -- I want to address the meeting that we had with Mr. Fernandez at his office. My mom, making a great sacrifice, myself my husband, and our counsel went to the meeting. We were deeply disappointed because basically at the end of that meeting, all they offered to do was increase the landscaping or plant some more trees. They were not willing to budge with the height of the building, and they made no real concessions to us. We have come together as a community to fry to stop the project, and we'll continue to fight against it. We feel very strongly that the development will not benefit the community, but rather the owners and the developers. This beautiful residential community, I think, deserves better. I urge you to please read the testimony of the residents that could not be here. We have submitted letters on their behalf. There's also a petition of over 115 people that is opposed to this project, and the reason why we haven't been here is because they had no idea because up until the last hearing, this was an innocent land use change and zoning change, and now it's a monster project that they're frying to slip by. I personally spoke at the last hearing, and I told you my personal reasons for not being involved. My dad passed away in May, and he was terminally ill. The last thing I want to say is it makes me very uncomfortable when I look at the agenda and I see thatHr. Fernandez is representing the City on PZ.26. I want this to be explained, if it's not at -- Mr. B. Fernandez: CRA (Community Redevelopment Agency). Ms. Safstrom: -- this venue, at another venue, because this, to me, appears to be a conflict of interest, and rather unethical. Chairman Gonzalez: Ma'am, let me ask you. Are you an attorney? Ms. Safstrom: I'm sorry? Chairman Gonzalez: Are you an attorney? Ms. Safstrom: I am not an attorney. City ofMiami Page 60 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vice Chairman Sanchez: Mr. City Attorney -- Chairman Gonzalez: Mr. City Attorney -- Mr. Fernandez: Yes. Vice Chairman Sanchez: -- is there anything unethical about that? Chairman Gonzalez: -- is there a conflict of interest happening in our City? Mr. Fernandez: No, not in my opinion. The law firm for which Mr. Fernandez works has been retained by the CRA, not by the City, by the CRA to do some consulting with them on some issues related to the CRA, but certainly, there is no conflict of interest between -- in Mr. Fernandez's practice in appearing here on behalf of one client and having a very limited representation of an agency of the City, which all has been properly disclosed and timely addressed. Chairman Gonzalez: All right. Ms. Safstrom: OK. The last point regarding that, I really appreciate your explanation. When you look at the agenda, it says that he is -- it says, "Ben Fernandez, on behalf of the City of Miami, Community Redevelopment Agency," and that is very misleading because he is representing the City ofMiami. Chairman Gonzalez: All right. Ms. Safstrom: Thank you for -- Chairman Gonzalez: Does that conclude --? Ms. Safstrom: -- listening, and I -- Chairman Gonzalez: Sure. Ms. Safstrom: -- urge you, like I said, to look at the testimony of the people that could not be here today. We have gone around and we know for a fact that the community was not aware of this project, and everybody is against it. Chairman Gonzalez: OK. Ms. Safstrom: Thank you. Mr. B. Fernandez: Thank you. Chairman Gonzalez: You're welcome. Robert Safstrom: My name is Robert Safsfrom, and I live at 1207Alhambra Circle, in Coral Gables. I'm the son-in-law of Emelina Iglesia, the property owner. I'll just fry to focus, again, on really the fraffic issue. I want to make sure that you understand that the entrance and exit to the building will both be on 32nd Place, just probably 75 feet from Mrs. Iglesia's house, and then also on 33rdAvenue, probably about two-thirds back from the building. This will, of course, with the office and residential and also retail businesses that are there, will significantly increase the traffic that will be in and out. We've seen different Commissioners who are proposing fraffic quieting, things in their districts, and again, this is just going to mean trucks and cars quickly are going down through -- down to 11 th Avenue, past all these residential properties, and a great number more than what is presently there, with this -- a fairly quiet office building that is City ofMiami Page 61 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 presently there. Also, of course, during the construction phase, the area'll be highly disruptive with street closings, and of course, the noise, dust and pollution that'll be occurring. Again, I -- I'll just -- I have a paper that I'll turn in so I'm not being repetitive to what the other people said. Again, it's just -- if you look between Le Jeune Road and 27th Avenue, from 7th Sfreet, there's no building that even comes close in size to this, so I hope you will deny the change of land use, residential -- zoning, and also the project. Thank you. Chairman Gonzalez: thank you, sir. Luis Herrera: Good morning. My name is Luis Herrera. Chairman Gonzalez: Don't tell me, Luis. Are you opposing to this project? Vice Chairman Sanchez: Oh, yeah. Mr. Herrera: I don't oppose. Chairman Gonzalez: Twenty-five -- Vice Chairman Sanchez: Oh, yeah. Chairman Gonzalez: -- miles away from where you live. Mr. Herrera: Because I'm going to -- they going to do one close to my house the same way. Chairman Gonzalez: All right. Mr. Herrera: That's why I'm here. Chairman Gonzalez: Go ahead, sir. Mr. Herrera: OK. First of all, my name is Luis Herrera, Vizcaya Homeowners Association, 1181 Southwest 22nd Terrace. First of all, I'm going to say to the Commissioners over here, Mr. Fernandez mention few minutes ago tax by the building, how much -- how many -- I don't know how many millions of dollars or how many millions of dollars -- no, hundreds of dollars for the taxpayers. They're going to raise the value of the property around in the area, and we talking about the last time and complaining, all the Commissioner here, about the tax. Now these people, they hire a lawyer, right, to stop the construction of this building here. They don't need that. The only lawyers that these people they needed is you, because you're being electing for this community to be sitting in there. You the lawyers. These people they paying lawyers. They don't need to pay lawyers. They needy defending by you, and now, I said to Mr. Fernandez, they mention they going to get the garbage can in 7th Sfreet, so they going to be stopping the traffic in there for the garbage? The residential -- they going to change the zoning for residential. Why are they going to change the zoning of residential? This is like a domino. They put ones here; tomorrow they're going to -- oh, we had them in 7th Avenue and 33 Terrace this building. Why we don't have this right here? Why would you not permit? So I think you people that are we vote -- or the people that vote for you, OK, be against this project. Listen to the community because the community need to help from you. Thank you. Chairman Gonzalez: Thank you. Mr. B. Fernandez: Thank you, Mr. Chair. Very brief -- Chairman Gonzalez: Anyone else? City ofMiami Page 62 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. B. Fernandez: -- rebuttal. Chairman Gonzalez: All right. Rebuttal. Mr. B. Fernandez: Yes. Thank you. Just like to say that with respect to our negotiations with the neighbors, we sent a certified letter to the neighbors, inviting them to meet with us immediately after the last Commission hearing, and they -- although I did see Mr. Safstrom at the City ofMiami, they really didn't meet with us until just a week ago, and we did offer more than just the landscaping. We offered to increase the height of the wall, and we offered to landscape their home, as well, so I just want to make that clear for your benefit. With respect to some of the other things that were raised. There was absolutely no substantial and competent evidence submitted in the record with respect to traffic issues, concurrency, and ingress and egress. With respect to the actual test for the Major Use Special Permit approval, this is a project that will benefit from transportation -- public transportation on Northwest 7th Street. It's going to be very close to employment -- major employment centers, such as the International Airport, and there are many other examples of buildings of this height along Le Jeune and 32nd Avenue. This is much smaller than many of the buildings that you see on other major transit corridors, like Coral Way, and Southwest 8th Sfreet, and with that, I'll close my presentation. Thank you very much. Chairman Gonzalez: All right. Thank you. That concludes the public hearing. Ben, this project is right on Northwest 7th Sfreet, isn't that correct? Mr. B. Fernandez: Correct. Chairman Gonzalez: OK. The frontage of the building is on Northwest 7th Sfreet, which is a commercial -- Mr. B. Fernandez: That's correct. Chairman Gonzalez: -- zone. Did you, in any way, agree to lower the back of the building on their property? Mr. B. Fernandez: What we did is, in re -- before they ever became involved in response to internal design review comments, we moved this townhome back from being -- five feet? Unidentified Speaker: Five feet. Mr. B. Fernandez: --from the property line to being twenty feet from the property line -- Chairman Gonzalez: OK. Mr. B. Fernandez: -- in order to provide 63-degree angle from the property line setback to the -- a 63-degree angle that -- requires that all of the building be setback. Vice Chairman Sanchez: That's a 60-degree angle. Mr. B. Fernandez: Sixty -degree angle. Chairman Gonzalez: OK. Mr. B. Fernandez: Sixty-three, two to one; two for every foot in height. Commissioner Sanchez: All right. City ofMiami Page 63 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: OK. How many floors are in the back of the building where -- Mr. B. Fernandez: That's the -- that's what -- Chairman Gonzalez: -- the duplex is? Mr. B. Fernandez: -- I believe that was misunderstood by Ms. Safstrom. Chairman Gonzalez: One -- Mr. B. Fernandez: There's 80 feet here -- Chairman Gonzalez: Eighty feet? Mr. B. Fernandez: -- but 25 feet, and over 50 feet from her home. Chairman Gonzalez: But I mean, the height of the building. Mr. B. Fernandez: The height here is 80. The height here is -- Chairman Gonzalez: Thirteen. Mr. B. Fernandez: --13, correct, and then it steps down here, where the townhome is, to 20 feet. You've got 20, 80, and then 13. Chairman Gonzalez: All right. Let me tell you where I stand here. I want you to go back and try to meet with them once again. At the next -- Mr. City Attorney, we have heard enough arguments on both sides that ifI postpone this -- the vote on this item for another date, I don't have to hear testimony again, I don't have to open a public hearing, right? Can I do that? Mr. Fernandez: That's right. If you just limit or if you continue this public hearing to a time certain for purposes of casting your vote -- receiving a report and casting your vote, that meeting will be -- although it is continuance of this public hearing, you can effectively limit any public input. Chairman Gonzalez: OK. Here's what I'm going to do. I want you to go back and meet with them again, and I want you to work with the developer, and see if you can lower the back of the building where it faces the duplex, and the reason is, you know, I know that most developers, they fry to maximize the properties, you know, as much as they can, and try to, you know, build as much as they can, but that doesn't mean necessarily, you know -- if they reduce the amount of units or they lower the building, that doesn't mean that they're going to lose money, they're not going to make enough money, or they could afford to build the development. Most of the testimony that had been given here, let me tell you, I know the neighborhood, I own businesses across the streetfrom here, OK, on -- between 32ndAvenue and 33rdAvenue, I own a business there for a private investigation agency, a security guard company, a coffee shop, and an insurance agency. I had those businesses there for more than ten years, so I know the neighborhood. I know that nothing has happened on 7th Street for the last probably 25 years; nothing has been built. The businesses in that corridor on 7th Street, they're dying. They're literally dying. There was a business there that do -- that sell kids' furniture and -- what's the name of the business? Vice Chairman Sanchez: Lavin. Chairman Gonzalez: Lavin, they shut down. Another business on 35th Court, they shut down. City ofMiami Page 64 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Regalado: Actually, it was shut down because they wanted to do a condo project, but they scrap the project. Now the property is abandoned. It's been Code enforced -- Chairman Gonzalez: Right. Commissioner Regalado: -- because of the garbage there, and we have a real difficult situation with the neighbors in the back because people dump illegal trash there. That is in District 4. It's right across -- Chairman Gonzalez: Yeah, right across the street. Commissioner Regalado: -- your district, so Lavin is gone; they went to Doral. Chairman Gonzalez: They went to Doral, so people -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- are abandoning Northwest 7th Sfreet, and the businesses that remain there are dying, so I know the area. The issue of traffic -- you know, if we were going to consider fraffic in the entire City ofMiami, not only on Northwest 7th Sfreet, if we were to consider fraffic in the entire City ofMiami, nothing would be built, and guess what? The majority of the people that create fraffic in the City ofMiami don't live in the City ofMiami. They come to work in the City ofMiami, but they live in Kendall; they live in the Gables; they live in Pembroke Pines; they live in Westchester; they live in Homestead; they live -- they are the ones that create -- I remember that there was a mayor here at one point that was considering to actually install a toll and make everyone that was coming to work in the City ofMiami pay a toll. That would have been a great idea because maybe, with the money that was generated from the people coming from outside to the City, we could have built better roads back then, so you know, in some issues it was kind of -- but in that one, you know, that day he wake up on the right side of the bed -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- so traffic doesn't really affect this development, the quality of the neighborhood. It's an old neighborhood. I wouldn't do anything that will damage the neighborhood. That's why, you know, this is facing Northwest 7th Street. The major impact is going to be on Northwest 7th Sfreet, and in fact, yes, this is going to be the tallest building on Northwest 7th Street now, but I'll bet you that in the next five or ten years, you're going to see a lot of dust, buildings -- tall buildings being built on arterial roads, like 7th Street, 27th Avenue. You see it all over 27th Avenue and 22nd Avenue. Yes. Ms. Schreiber: May I raise a point with respect to what you were just saying? Chairman Gonzalez: No, because ifI let you open a point, then he's going to have the time, and then we're going to have to go back and forth, so what want you to do -- Ben, please, whatl would like you to do is to go back, meet with these neighbors again, talk to your developer, and see if he can reduce the back of the building, which, in fact, really concern me a little bit because it might affect them some. Ms. Thompson: No. I'm sorry. You need to -- Vice Chairman Sanchez: No (UNINTELLIGIBLE). Ms. Thompson: -- be on the microphone. I can't record. City ofMiami Page 65 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: No, ma'am. You need to speak on the mike. Mr. Fernandez: And -- Vice Chairman Sanchez: Ma'am -- Chairman Gonzalez: I'm talking about the back of the building. The back. Vice Chairman Sanchez: -- the attorney will be meeting with you. That's the whole purpose of continuing -- Chairman Gonzalez: Exactly. Mr. B. Fernandez: Just -- Vice Chairman Sanchez: -- PZ.3, PZ.4 -- Ms. Schreiber: I just want to clar -- Vice Chairman Sanchez: -- and PZ.5. Mr. B. Fernandez: Mr. Chair, I just want you to understand that that height has already been reduced once in response to staff comments. Chairman Gonzalez: OK. Let me tell you, I want you to make an effort to fry to please them as much as we can, OK -- Mr. B. Fernandez: Sure. Chairman Gonzalez: -- because I realize that there are certain concerns, and I -- you know, I sympathize with their concerns on the back of the building, so if that could be reduced some, I will feel much better. Let me tell you, both sides, at the next Commission meeting that we're going to discuss this -- and I'm going to give you -- Mr. Fernandez: November 9 or December -- Chairman Gonzalez: I don't know how the agenda is going to be in November 9. We're going to have one meeting in November and one meeting in December. Lourdes, you should be aware of that, because I don't want you to load the agenda on those two days. We're going to have one general meeting on November -- and Teresita, listen to this very clearly -- one meeting in November, one meeting in December, so -- OK? I don't know. Mr. Fernandez: Well -- Chairman Gonzalez: Well, it's -- this is going to be a fast item, so -- Mr. Fernandez: Yeah, it will be. Chairman Gonzalez: -- let me -- let's say it's going to be time certain, November 9, I'm going to make a -- at least I'm going to make a decision, myself it's my district. I'm not going to hear no arguments. Mr. Fernandez: Only from attorneys. You would only allow Mr. Fernandez and the attorney representing -- City ofMiami Page 66 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: To do a presentation, and then you would do another presentation. Both of you will have some time. I will allow you some time, and that will be end of it. We will vote in favor or against, and it will be over, all right? So I'm going to make a motion to -- Mr. Fernandez: Continue this -- Chairman Gonzalez: -- continue. Mr. Fernandez: -- public hearing to November 9. Chairman Gonzalez: Continue this -- Commissioner Regalado: Second. Chairman Gonzalez: -- public hearing to November 9. Commissioner Regalado: Second. Mr. Fernandez: Time -- well, it's -- you want it time certain or any time after 10 o'clock? Chairman Gonzalez: No. Let's make it -- schedule it first item on the Planning and Zoning agenda, because I don't want them -- the lady to be here three hours. The other day they were here all day long. Ms. Schreiber: Can I -- Chairman Gonzalez: I want them to be able to come in and leave and -- Ms. Schreiber: May I just mention -- my client just said she has -- they have a medical procedure on -- Mr. Fernandez: Well -- Chairman Gonzalez: On November 9? Ms. Schreiber: Is there any possibility to postpone it until December, though? Chairman Gonzalez: Until December? Mr. B. Fernandez: No. Commissioner Spence -Jones: December. Mr. Fernandez: No. Mr. B. Fernandez: That's killing our -- the time frame for our project. We've already sat down and talked to them. Chairman Gonzalez: Anyway, you know, we're not going to hear anymore arguments, so -- Mr. B. Fernandez: She's represented by counsel. Chairman Gonzalez: -- you're going to have your attorney here. Ms. Schreiber: It'll be -- City ofMiami Page 67 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: She will be representing all ofyou, so -- OK What I'm trying to do is I'm trying to accommodate this as much as I can to your needs, and also I will hate to lose a project. I'm being honest with you, because I know that nothing is happening on Northwest 7th Sfreet. I know that you live there for some time, but now you live in the Gables, and you know, I look -- I have to look for the future of Northwest 7th Sfreet, the businesses and the -- a new community. I mean, you know, saying that we're going to have criminals coming out of this project, and all those type of things are not -- they're not nice to say, because you know, who can assure me -- I don't know if anyone here can assure me that the people that are going to live in that building are going to be criminals. It's not a jail, where they're building it there. They're building an apartment building, OK. Ms. Schreiber: I don't think anybody said that. Chairman Gonzalez: Well, the lady said, you know, they're going to have -- be criminals coming out of here. I mean, that's -- you know, it's not here -- it's not nice to say that because the people that are watching on TV (television) are saying, "Hey, they're bringing a jail to Northwest 7th Street, "so OK. That -- I'm not going to conclude the meeting. It's scheduled for November 9, the first item on the agenda -- on the Planning and Zoning agenda. Commissioner Regalado: We need to vote. Ms. Thompson: Thank you. Ms. Schreiber: Thank you. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Thank you, and now Ms. Thompson: And that -- just for the record -- Chairman Gonzalez: -- we're going to be coming back at 2:30. Commissioner Regalado: 2:30. Chairman Gonzalez: 2:30. Ms. Thompson: Chair -- I'm sorry, Chair. I just want to make sure your record is complete, the vote that you took was on -- Chairman Gonzalez: You have one item, right? Ms. Thompson: -- P -- Mr. Fernandez: On the continuance on those two items -- all three, in fact, PZ.4 -- 3, 4, and 5. Ms. Safstrom: 4 and 5. Ms. Thompson: Thank you. Chairman Gonzalez: 3, 4, and 5. City ofMiami Page 68 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Fernandez: 3, 4, and 5 have been continued to the 9th, at 10 o'clock -- Chairman Gonzalez: OK. Mr. Fernandez: -- for the limited purpose of attorneys presenting a report, and the Commission voting. PZ.4 06-01019zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING PAGE NO. 26, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 726 NORTHWEST 32ND PLACE AND 725 AND 733 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01019zc Analysis.pdf 06-01019zc Application & Supporting Docs.pdf 06-01019zc ZB Fact Sheet.pdf 06-01019zc ZB Reso.PDF 06-01019zc Zoning Map.pdf 06-010191u & 06-01019zc Aerial Map.pdf 06-01019zc CC Application Page 2 Replacement.pdf 06-01019zc CC Legislation (Version 2).pdf 06-010191u & 06-01019zc CC Exhibit A.pdf 06-01019zc CC FR Fact Sheet.pdf 06-01019zc CC SR Fact Sheet 11-09-06.pdf 06-01019zc Submittal.pdf 06-01019zc CC SR Fact Sheet 11-09-06.pdf LOCATION: Approximately 726 NW 32nd Place and 725 & 733 NW 33rd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Dimar and Brothers, LLC and Santiago D. Hernandez, Owners FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 5-2. See companion File IDs 06-010191u and 06-01019mu. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Loftika Major Use Special Permit. CONTINUED A motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Haskins absent, to continue items PZ.3, 4, and 5 to the City Commission meeting currently scheduled for November City ofMiami Page 69 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 9, 2006 at 10 a.m. [The minutes for item PZ.4 are located under item PZ.3.] PZ.5 06-01019mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE LOFTIKA PROJECT, TO BE LOCATED AT APPROXIMATELY 3271, 3299 NORTHWEST 7TH STREET, 726 NORTHWEST 32ND PLACE AND 725, 733 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 149-FOOT, 13-STORY HIGH MIXED -USE DEVELOPMENT TO BE COMPRISED OF APPROXIMATELY 183 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 14,875 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 11,306 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 473 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 70 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 06-01019mu - Table of Contents.pdf 06-01019mu - TAB A - Letter of Intent.pdf 06-01019mu - TAB B - Applications.pdf 06-01019mu - TAB C - Zoning Write Up.pdf 06-01019mu - TAB D - Legal Description.pdf 06-01019mu - TAB E - Aerial.pdf 06-01019mu - TAB F - Zoning Atlas Page 26.pdf 06-01019mu - TAB G - Project Data Sheet.pdf 06-01019mu - TAB H - Warranty Deeds and Property Tax Information.pdf 06-01019mu - TAB I - Owership List and Mailing Labels.pdf 06-01019mu - TAB I - Owership List - REVISED.PDF 06-01019mu - TAB J - State of Florida Corporate Documents.pdf 06-01019mu - TAB K - Directory of Project Principals.pdf 06-01019mu - TAB L - Project Description.pdf 06-01019mu - TAB M - Minority Construction Employment Plan.pdf 06-01019mu - TAB N - Sufficiency Letter & Traffic Study.pdf 06-01019mu - TAB 0 - Site Utility Study.pdf 06-01019mu - TAB P - Economic Impact Study.pdf 06-01019mu - TAB Q - Site Plans.pdf 06-01019mu - PAB Fact Sheet.pdf 06-01019mu - Analysis.pdf 06-01019mu - PAB Zoning Map.pdf 06-01019mu - PAB Aerial Photo.pdf 06-01019mu - Projects in the Vicinity.pdf 06-01019mu - School Board Comments (8.23.06).pdf 06-01019mu - Zoning Board Resolution (7.10.06).pdf 06-01019mu - Traffic Sufficiency Letter (5.5.06).pdf 06-01019mu - IDRC Comments (4.19.06).pdf 06-01019mu - UDRB Resolution (4.19.06).pdf 06-01019mu - Aviation Comments (3.28.06).pdf 06-01019mu - Public Works Comments (3.24.06).pdf 06-01019mu - IDRC Comments (1.31.06).pdf 06-01019mu - PAB Legislation.pdf 06-01019mu - Exhibit A.pdf 06-01019mu - Exhibit B.pdf 06-01019mu PAB Reso.PDF 06-01019mu CC Zoning Map.pdf 06-01019mu CC Aerial Map.pdf 06-01019mu CC Legislation (Verson 2).pdf 06-01019mu CC Fact Sheet 11-09-06.pdf 06-01019mu Submittal.pdf 06-01019mu CC Fact Sheet 11-09-06.pdf LOCATION: Approximately 3271, 3299 NW 7th Street, 726 NW 32nd Place and 725, 733 NW 33rd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Dimar and Brothers, LLC and Santiago D. Hernandez FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions*, City ofMiami Page 71 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 including that there be no waiver of Chapter 36, Section 36-6 (Noise Ordinance), to City Commission on September 6, 2006 by a vote of 6-0. See companion File IDs 06-010191u and 06-01019zc. *See supporting documentation. PURPOSE: This will allow the development of the Loftika project. CONTINUED A motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Haskins absent, to continue items PZ.3, 4, and 5 to the City Commission meeting currently scheduled for November 9, 2006 at 10 a.m. [The minutes for item PZ.5 are located under item PZ.3.] PZ.6 05-01507mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE FIVE PROPERTIES PROJECT, TO BE LOCATED AT APPROXIMATELY 4350 NORTHWEST 10TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 77-FOOT, 7-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 155 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 321 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 72 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 05-01507mu - PAB Fact Sheet.pdf 05-01507mu - PAB Analysis.pdf 05-01507mu - Zoning Map.pdf 05-01507mu - Aerial Photo.pdf 05-01507mu - Projects in the Vicinity.pdf 05-01507mu - CC Land Use Resolution (4.27.06).pdf 05-01507mu - CC Zoning Resolution (4.27.06).pdf 05-01507mu - IDRC Comments (1.20.06).pdf 05-01507mu - IDRC Comments (12.21.05).pdf 05-01507mu - UDRB Resolution (12.21.05).pdf 05-01507mu - School Board Comments (9.14.05).pdf 05-01507mu - Miami -Dade County Planning Comments (9.2.05).pdf 05-01507mu - Public Works Comments (8.8.05).pdf 05-01507mu - Traffic Sufficiency Letter (8.5.05).pdf 05-01507mu - MDAD Planning Comments (8.3.05).pdf 05-01507mu - MDAD Noise Abatement Comments (8.2.05).pdf 05-01507mu - FAA Letter (7.1.01).pdf 05-01507mu - PAB Legislation.pdf 05-01507mu - Exhibit A.pdf 05-01507mu - Exhibit B.pdf 05-01507mu PAB Reso.pdf 05-01507v ZB Variance Reso.pdf 05-01507mu - Front Cover.PDF 05-01507mu - Inside Cover.PDF 05-01507mu - Table of Contents.PDF 05-01507mu - I Project Information A to I.PDF 05-01507mu - A Letter of Intent.PDF 05-01507mu - B Major Use Special Permit and Variance Application.PDF 05-01507mu - C Zoning Write Up.PDF 05-01507mu - D Zoning Atlas.PDF 05-01507mu - E Project Data Sheet.PDF 05-01507mu - F Deed - Computer.PDF 05-01507mu - G Ownership List.PDF 05-01507mu - H State of Florida Documents.PDF 05-01507mu - I Directory of Project Principals.PDF 05-01507mu - 11 Project Description.PDF 05-01507mu - III Supporting Documents Tab 1 to 6.PDF 05-01507mu - Tab 1 Minority Construction Employment Plan.PDF 05-01507mu - Tab 2 Sufficiency Letter and Traffic Impact Analysis.PDF 05-01507mu - Tab 3 Site Utility Study.PDF 05-01507mu - Tab 4 Economic Impact Study.PDF 05-01507mu - Tab 5 Survey of Property.PDF 05-01507mu - Tab 6 Drawings Submitted.PDF 05-01507mu CC MUSP Analysis.pdf 05-01507mu CC Variance Fact Sheet.pdf 05-01507mu CC Variance Analysis.pdf 05-01507mu CC Legislation (Version 2).pdf 05-01507mu CC MUSP Fact Sheet.pdf LOCATION: Approximately 4350 NW 10th Street [Commissioner Angel Gonzalez - District 1] City ofMiami Page 73 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 APPLICANT(S): Javier F. Avino, Esquire, on behalf of Five Properties, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions*, including that there be no waiver of Chapter 36, Section 36-6 (Noise Ordinance), to City Commission on September 6, 2006 by a vote of 6-0. ZONING BOARD: Recommended approval with a condition* of Variances to City Commission on July 24, 2006 by a vote of 6-2. *See supporting documentation. PURPOSE: This will allow the development of the Five Properties project. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Haskins and Sanchez R-06-0637 Chairman Gonzalez: Yeah. If my colleagues -- Mr. City Attorney, don't move. I have one item -- I have one more item on my district, and I would like to do it now. Jorge L. Fernandez (City Attorney): Yes. You do have still a quorum. Chairman Gonzalez: PZ.6. Commissioner Regalado. Commissioner Regalado: I'm sorry. Chairman Gonzalez: I'm going to take one more item. It's going to be -- Commissioner Regalado: OK. Chairman Gonzalez: -- fast. There is no opposition. It's in my district, so -- Commissioner Regalado: OK. Chairman Gonzalez: OK. PZ.6. Is there anyone in opposition to PZ.6? All right. I just open the public hearing for PZ.6. All right, Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning): Yes, sir. The recommendation of the Planning Department is approval with conditions. The condition that related to design is, A, Northwest 9th Street and Northwest IOth Street, replace all broken and damage sidewalk, curb, and gutter on both sides of the street, mill and resurface the entire width, curb -to -curb, between Northwest 43rd Avenue and Northwest 43rd Court; B, Northwest 43rd Avenue and Northwest 43 Court, replace all broken and damage sidewalk, curb and gutter on both sides of the avenue; mill and resurface as the entire width, curb -to -curb, between Northwest 9th Street and Northwest IOth Street. Chairman Gonzalez: Lucia. Lucia Dougherty: We agree with the conditions. Chairman Gonzalez: You agree with the conditions? All right. City ofMiami Page 74 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Spence -Jones: So -- Chairman Gonzalez: Who's going to Chair? Commissioner Spence -Jones: -- public hearing? Chairman Gonzalez: Would you Chair? Commissioner Regalado: Yes, sir. Chairman Gonzalez: I'll move the item. Commissioner Spence -Jones: Second. Commissioner Regalado: We have -- Commissioner Spence -Jones: We have -- Commissioner Regalado: -- a motion and a second. All in favor, say "aye." Chairman Gonzalez: It's -- Commissioner Spence -Jones: I -- Chairman Gonzalez: -- a resolution? Priscilla A. Thompson (City Clerk): Yes. Commissioner Regalado: It's a resolution. Mr. Fernandez: It's a resolution. Chairman Gonzalez: It's a resolution. Commissioner Regalado: All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: The motion passes. Ms. Dougherty: Thank you very much. Chairman Gonzalez: Thank you. Mr. Fernandez: And let the record reflect that it had been opened to the public and there was no inputfrom the public. Chairman Gonzalez: No inputfrom the public. PZ.7 06-01232 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF NORTHWEST 1ST COURT BETWEEN NORTHWEST 8TH STREET AND NORTHWEST 9TH STREET, A PORTION OF NORTHWEST 2ND AVENUE AT NORTHWEST 8TH STREET AND THE City ofMiami Page 75 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 ALLEY LOCATED BETWEEN NORTHWEST 1ST COURT AND NORTHWEST 2ND AVENUE FROM NORTHWEST 8TH STREET TO NORTHWEST 9TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT 06-01232 Analysis.pdf 06-01232 Public Works Analysis.pdf 06-01232 Zoning Map.pdf 06-01232 Aerial Map.pdf 06-01232 Application & Supporting Docs.pdf 06-01232 ZB Fact Sheet.pdf 06-01232 ZB Reso.PDF 06-01232 CC Opinion of Title & Warranty Deeds.pdf 06-01232 CC Legislation (Version 2).pdf 06-01232 CC Exhibit A.pdf 06-01232 CC Fact Sheet.pdf LOCATION: Approximately a Portion of NW 1st Court between NW 8th Street and NW 9th Street, a Portion of NW 2nd Avenue at NW 8th Street and the Alley Located between NW 1st Court and NW 2nd Avenue from NW 8th Street to NW 9th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): James H. Villacorta, Interim Executive Director, on behalf of the Southeast Overtown Park West Community Redevelopment Agency FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval with conditions* on July 6, 2006 by a vote of 8-0. ZONING BOARD: Recommended approval to City Commission on September 11, 2006 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a unified development site. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Haskins and Sanchez R-06-0638 Commissioner Spence -Jones: Mr. Chairman, I know we're trying to get out of here. Can we just close out also on D -- on PZ.7? Because I don't -- I mean, that's -- it's a small item. I don't think we have any -- Chairman Gonzalez: PZ.7. Commissioner Spence -Jones: -- discrep -- Chairman Gonzalez: OK, PZ.7. City ofMiami Page 76 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Spence -Jones: So we're going to -- Chairman Gonzalez: Mr. Lavernia, PZ. 7, what do we have? Roberto Lavernia (Chief of Land Development, Planning): Yes. That's the closing, vacating, abandon and discontinuing for public use sfreet and alley. The Planning Department recommend approval; Plat and Street Committee recommend approval, subject to compliance with all plat and sfreet condition, and the Zoning Board recommend approval to City Commission. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Commissioner Regalado: I'm sorry. Chairman Gonzalez: I need a second. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. It's a resolution, right? Priscilla A. Thompson (City Clerk): Yes. Jorge L. Fernandez (City Attorney): It is a resolution. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. All right. We're going to stand in recess. PZ.8 03-0094xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF PR PARKS, RECREATION AND OPEN SPACE, TO ALLOW THE CONSTRUCTION OF A LIBRARY IN "PR" PARKS, RECREATION AND OPEN SPACE DISTRICTS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3255 PLAZA STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 77 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 03-0094xc Analysis.pdf 03-0094xc Zoning Map.pdf 03-0094xc Aerial Map.pdf 03-0094xc Application & Supporting Docs.pdf 03-0094xc Plans.pdf 03-0094xc ZB Fact Sheet.pdf 03-0094xc ZB Reso.pdf 03-0094xc CC Application Page 3 Replacement.pdf 03-0094xc CC Zoning Write Up (Plans) Page 1 Replacement.pdf 03-0094xc CC Legislation (Version 2).pdf 03-0094xc CC Exhibit A.pdf 03-0094xc CC Fact Sheet 09-28-06.pdf 03-0094xc CC Fact Sheet 10-26-06.pdf LOCATION: Approximately 3255 Plaza Street [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on June 12, 2006 by a vote of 5-2. *See supporting documentation. PURPOSE: This will allow a library in Virrick Park. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0639 Chairman Gonzalez: All right. PZ.8. Jorge L. Fernandez (City Attorney): Go right ahead. Roberto Lavernia (Chief of Land Development, Planning): PZ.8 is a special exception to allow the construction of a library in PR (Parks & Recreations) Parks. The Planning Department is recommending approval with two conditions. Condition number one, paint color samples and sign specification shall be submitted to the Planning Department for review and approval prior to the issuance of any building permit; number two, the applicant shall submit to the Planning Department, prior to the issuance of any building permits, detailed plans and specification to all subordinate special permit being requested as part of this petition, which have not yet been developed. Zoning Board recommended approval on June 12. Thank you. Chairman Gonzalez: All right. Anyone from the public that wants to speak on this item, please come forward. This is a public hearing. Seeing none, hearing none, the public hearing is closed. Vice Chairman Sanchez: I think we should discuss it, at least. I make a motion to discuss the item. City ofMiami Page 78 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: OK. We have a motion and we have a second. Commissioner Regalado: Second. Commissioner Spence -Jones: Yes. Chairman Gonzalez: Discussion. Commissioner Spence -Jones: Yes. Just have a -- I do have a discussion on it. Vice Chairman Sanchez: No. I'll yield. I'll be last. Commissioner Spence -Jones: This is in reference to the library in the current park. Is there no one out today from the Virrick Park Association at all on this item? Chairman Gonzalez: No. Commissioner Spence -Jones: OK. Chairman Gonzalez: Apparently not. Commissioner Spence -Jones: Yeah? Because my only question on it -- and again, I always like to refer to the district Commissioner, and she's not here to even talk about this project, so we really don't know, one way or the other, if she supports it or not, but I am -- I have seen Virrick Park, and I've been there several times as a staffer, and my only thought of -- question would be the amount of green space that we're losing because of the library. That's -- it's -- the park is already a very small park in the Coconut Grove area, and the children already from the West Grove have very little green space, so -- I mean, I really wish Commissioner Haskins -- I -- personally, I would prefer for Commissioner Haskins to be here. This is something that -- Chairman Gonzalez: OK. Let's -- Commissioner Spence -Jones: -- it's in her district. Vice Chairman Sanchez: Yeah. Chairman Gonzalez: -- table the item then -- Nina West: Do you want information on that? Chairman Gonzalez: -- until the Commissioner is here. Hs. West: I can give you what the homeowners association, who is supporting it -- Commissioner Spence -Jones: They are -- Hs. West: -- have said. I've been to their meetings. Basically, they wanted a music room for the Hs. Thompson: We do need a name for the record, please. Hs. West: Oh. Nina West, 3690 Avocado Avenue, Coconut Grove. I am normally against all of this, but I'm just going to give you their point of view. Vice Chairman Sanchez: No. What's your point of view? City ofMiami Page 79 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. West: Well, my point ofview is -- Vice Chairman Sanchez: Not theirs. They could come and speak for themselves here. Ms. West: -- you never put a structure in the park. That's my point ofview as the head of the parks committee for Miami Neighborhoods United. Their point of view is they've been trying to get a music room for years. They have a big music program over there, and the only way they can get their music room is to combine it with money from the County for a park -- for a library, and that's their point of view, so -- Vice Chairman Sanchez: Well -- Commissioner Spence -Jones: Mr. Chairman, can we wait till -- Ms. West: -- I'm not speaking for or against this. I just thought you wanted the information. Commissioner Spence -Jones: Thank you, Nina. Vice Chairman Sanchez: We'll -- Chairman Gonzalez: All right. Let's table the item -- Vice Chairman Sanchez: -- table the item. Chairman Gonzalez: -- until the disfrict Commissioner Spence -Jones: Thank you. Chairman Gonzalez: -- Commissioner is here and see what the district Commissioner wants to do with it. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: PZ. 13 and 14, they're also in Commissioner Haskins' disfrict, right? Commissioner Spence -Jones: Yeah. Mr. Fernandez: Yes. Chairman Gonzalez: I think -- Commissioner Spence -Jones: You want to skip around those, Mr. Chairman? Chairman Gonzalez: Yeah. 13 and 14 are also in her district. [Later..] Chairman Gonzalez: Let's go back to -- I'm lost because, you know -- PZ.8, I guess. PZ.8 is a special exception. Vice Chairman Sanchez: Oh, that's the park? Chairman Gonzalez: That's the park, the library in the park. City ofMiami Page 80 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vice Chairman Sanchez: All right. Chairman Gonzalez: We -- I already open the public hearing. We already had testimony on the item, so we can bring it back to the Commission, and now that we have the district Commissioner here. Commissioner Haskins: I know that there was some opposition to this in taking out part -- green space for a library, and this ordinance is for Virrick Park -- basically for the library in Virrick Park, is that correct? Commissioner Spence -Jones: Yes. Commissioner Haskins: OK, so -- and this is something that the community wanted very badly. Commissioner Spence -Jones: OK. Commissioner Haskins: There's a Virrick Park committee that supports this. Everyone that I know in Village West supports this, so I would make a motion to approve this. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second for the purpose of discussion on the item. My understanding -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- is that the County -- isn't the County the one that oversees the libraries in our city? Chairman Gonzalez: Yes. Vice Chairman Sanchez: Then what are we doing paying for a library? Commissioner Spence -Jones: We're not paying for it, though, right? We're providing the land, the space. Vice Chairman Sanchez: What? Commissioner Haskins: We have an unusual relationship with the County versus other municipalities, is my understanding. For some reason, for the City ofMiami, we build and then they operate the libraries, is what my understanding is. Commissioner Spence -Jones: So then my question then becomes -- Chairman Gonzalez: I believe the County is the one that builds the library. That's what I understand. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: And they operate them. Commissioner Haskins: I was told -- Chairman Gonzalez: And operate it. Commissioner Haskins: -- several years ago that the City builds its libraries and then gives them City ofMiami Page 81 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 to the County to operate, but -- Vice Chairman Sanchez: Could somebody shine some light on that? Commissioner Regalado: No. Chairman Gonzalez: All right. Commissioner Regalado: That's not true. The County has a department -- we just had a grand opening of a County library on Flagami -- Chairman Gonzalez: Right. Commissioner Regalado: -- that cost -- there are $150 million of GOB (General Obligation Bond) bonds for County libraries throughout the County. The County builds the library. The County operates the library. The County runs the library. All the employees are County employees. The City doesn't have to do anything at all with libraries. Chairman Gonzalez: That was my understanding. Commissioner Regalado: It is highly unusual for a City to build a library, and then give it to the system of -- the County library system. Chairman Gonzalez: That was my understanding, because I'm trying to incorporate a library into the -- Commissioner Regalado: No, it's there. It was there. Chairman Gonzalez: -- Grapeland project, and that's what I was told, that -- Commissioner Regalado: In fact, the County is going to demolish the library in Shenandoah Park, and they're going to build one with the City's request to have a plaza, to have a garden, and they have complied with, so -- Chairman Gonzalez: Aall right, so we have a motion and we have a second. It's an ordinance. Commissioner Regalado: Motion for -- Maria J. Chiaro (Assistant City Attorney): A resolution. Ms. Thompson: It's a -- Ms. Chiaro: Isn't it a resolution? Commissioner Regalado: For approval. Chairman Gonzalez: To approve. Commissioner Regalado: OK. Ms. Thompson: It's a resolution. Chairman Gonzalez: Madam City Attorney. Ms. Thompson: It's a resolution. City ofMiami Page 82 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Chiaro: Yes. Ms. Thompson: PZ.8 -- Ms. Chiaro: It's a resolution. Ms. Thompson: -- is a resolution. Chairman Gonzalez: It's a resolution? Ms. Thompson: Yes. PZ.8. Chairman Gonzalez: All right. All in favor, say "aye" then. The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. PZ.9 06-00846Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 10 AND 20 NORTHWEST 32ND COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-008461u - PAB Fact Sheet.pdf 06-008461u - Analysis.pdf 06-008461u - Concurrency Report.pdf 06-008461u - Comp Plan Map.pdf 06-008461u - Zoning Map.pdf 06-008461u - Aerial Photo.pdf 06-008461u - PAB Legislation.pdf 06-008461u - Application Documents.pdf 06-008461u - Analysis (Revised).pdf 06-008461u - Concurrency Report (Revised).pdf 06-008461u PAB Reso.PDF 06-008461u CC Application Pages 3, 4 & 5 Replacement.pdf 06-008461u CC Legislation (Version 2).pdf 06-008461u & 06-00845zc CC Exhibit A.pdf 06-008461u CC FR Fact Sheet.pdf 06-008461u CC SR Fact Sheet.pdf LOCATION: Approximately 10 and 20 NW 32nd Court [Commissioner Tomas Regalado - District 4] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Floridean Realty, LLC FINDINGS: City ofMiami Page 83 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 21, 2006 by a vote of 7-0. See companion File ID 06-00846zc. PURPOSE: This will change the above properties to Medium -Density Multifamily Residential. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12860 Chairman Gonzalez: All right. Are we ready for PZ.1? Lucia Dougherty: Mr. Chairman, I thinkHr. Regalado would like to hear the nursing home one first. Commissioner Regalado: If -- there are two items that are noncontroversial. It was -- it's a second reading and, Mr. Chairman, if you -- Chairman Gonzalez: All right. PZ.3 and PZ.4 -- Commissioner Regalado: No. Chairman Gonzalez: -- correct? Commissioner Regalado: It's PZ -- Chairman Gonzalez: No? Tucker Gibbs: 9 and 10. Commissioner Regalado: -- 9 -- Chairman Gonzalez: 9 and 10. Commissioner Regalado: -- and 10. This is the Floridean -- Chairman Gonzalez: All right. Yes, I remember. Commissioner Regalado: -- the hospital, the elderly. Chairman Gonzalez: PZ.9. Mr. Tucker Gibbs. Is there anyone in opposition to PZ.9 and PZ.10 that would like to address the Commission on any of those items? All right. I'm opening the public hearing for P -- can we take PZ.9 and 10 together as a public hearing? Jorge L. Fernandez (City Attorney): You do, but you have different votes. Priscilla A. Thompson (City Clerk): Vote -- Mr. Fernandez: You vote twice. Chairman Gonzalez: Yeah, different vote, but -- City ofMiami Page 84 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Fernandez: Sure. Chairman Gonzalez: -- one public hearing. Mr. Fernandez: Open them together. Chairman Gonzalez: OK. I'm opening the public hearing for PZ.9 and PZ.10, 10 and 20 Northwest 32nd Court. Anyone from the public? Seeing none, hearing none, the public hearing is closed. Commissioner Regalado, it's your district, sir. Commissioner Regalado: Thank you very much, Mr. Chairman. This is just to explain to the viewers and the people here. It's a change of land to be used to expand the place called the Floridean. It's an adult living facility that has been praised by the neighborhood, and all of the neighbors are happy, and it's a logical move for them so they can expand in terms of green areas and recreation, and parking for the facility, so I'll move on second reading PZ.9. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second on PZ.9. Vice Chairman Sanchez: Conditions? Mr. Fernandez: It is an ordinance. Chairman Gonzalez: It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.10 06-00846zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10 AND 20 NORTHWEST 32ND COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 85 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 06-00846zc Analysis.pdf 06-00846zc Zoning Map.pdf 06-00846zc Aerial Map.pdf 06-00846zc Application & Supporting Docs.pdf 06-00846zc ZB Fact Sheet.pdf 06-00846zc ZB Reso.pdf 06-00846zc CC Application Pages 3, 4 & 5 Replacement.pdf 06-00846zc CC Legislation (Version 2).pdf 06-008461u & 06-00845zc CC Exhibit A.pdf 06-00846zc CC FR Fact Sheet.pdf 06-00846zc CC SR Fact Sheet.pdf LOCATION: Approximately 10 and 20 NW 32nd Court [Commissioner Tomas Regalado - District 4] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Floridean Realty, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 7-0. See companion File ID 06-008461u. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12861 Chairman Gonzalez: PZ.10 is also an ordinance. Commissioner Regalado: I'll move PZ.10 for the same reason. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call on item PZ.10. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, 5/0. Tucker Gibbs: Thank you all very much. Chairman Gonzalez: You're welcome. City ofMiami Page 86 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 PZ.11 06-00155a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" AND "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00155a Legislation.pdf 06-00155 & 06-00155a Exhibit A.pdf 06-00155a Analysis.pdf 06-00155a Land Use Map.pdf 06-00155, 06-00155a & 06-00155b Aerial Map.pdf 06-00155 & 05-00155a School Impact Analysis.pdf 06-00155a PAB Reso.pdf 06-00155a Application & Supporting Docs.pdf 06-00155a FR Fact Sheet 03-23-06.pdf 06-00155a FR Fact Sheet 04-27-06.pdf 06-00155a FR Fact Sheet 05-25-06.pdf 06-00155a FR Fact Sheet 06-22-06.pdf 06-00155a FR Fact Sheet 07-27-06.pdf 06-00155a & 06-00155 Reconsideration Letters.PDF 06-00155a FR Fact Sheet 10-26-06.pdf 06-00155a FR Fact Sheet 11-09-06.pdf LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of A-1 Management Corporation FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 1, 2006 by a vote of 5-0. See companion File ID 06-00155. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Avenue One Major Use Special Permit. NOTE: This item was reconsidered on October 12, 2006; see File ID 06-01663. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to continue items PZ.11 and 12 to the City Commission meeting currently scheduled for November 9, 2006. Jorge L. Fernandez (City Attorney): Mr. Chairman, I need to also call to your attention the fact City ofMiami Page 87 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 that I believe items PZ.11 and 12 will be continued. The applicant is here, and there is no objection to continuing considerations ofPZ.11 and 12 to the November 9 agenda, but you need to make a motion continuing it so that no additional expenses are incurred for purposes of publication -- Chairman Gonzalez: All right. Mr. Fernandez: -- so it will be appropriate at this time, and Ms. Dougherty is standing there. Chairman Gonzalez: Do I -- Mr. Fernandez: She will acknowledge that she has no problem with this item being continued, upon a motion being made for continuance. Chairman Gonzalez: Do I hear a motion? Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion to -- Commissioner Regalado: Second. Chairman Gonzalez: -- continue PZ.11 and 12, and we have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It has been continued. Mr. Fernandez: Thank you. Chairman Gonzalez: Any other items, sir? Mr. Fernandez: And that's for November 9, at 10 o'clock, or soon thereafter, as this same item can be heard. Chairman Gonzalez: OK. Any other items that are going to be defer, that you know of? Mr. Fernandez: I have no other notification of any other item that should be continued -- Chairman Gonzalez: All right, so -- Mr. Fernandez: -- so you're ready to proceed, Mr. Chairman. Chairman Gonzalez: -- let's go to PZ.5. Commissioner Haskins: Mr. Chairman. Chairman Gonzalez: We need to swear the witnesses, Madam City Clerk. Priscilla A. Thompson (City Clerk): If -- anyone who's in the Commission Chambers, if you are going to be testifying on any of our P&Z items today, I need you to please stand and raise your right hand. City ofMiami Page 88 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. PZ.12 06-00155 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL AND "C-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00155 Legislation.pdf 06-00155 & 06-00155a Exhibit A.pdf 06-00155 Analysis.pdf 06-00155 & 06-00155b Zoning Map.pdf 06-00155, 06-00155a & 06-00155b Aerial Map.pdf 06-00155 ZB Reso.pdf 06-00155 Application & Supporting Docs.pdf 06-00155 FR Fact Sheet 03-23-06.pdf 06-00155 FR Fact Sheet 04-27-06.pdf 06-00155 FR Fact Sheet 05-25-06.pdf 06-00155 FR Fact Sheet 06-22-06.pdf 06-00155 FR Fact Sheet 07-27-06.pdf 06-00155a & 06-00155 Reconsideration Letters.PDF 06-00155 FR Fact Sheet 10-26-06.pdf 06-00155 FR Fact Sheet 11-09-06.pdf LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of A-1 Management Corporation FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 23, 2006 by a vote of 8-0. See companion File ID 06-00155a. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Avenue One Major Use Special Permit. NOTE: This item was reconsidered on October 12, 2006; see File ID 06-01663. CONTINUED City ofMiami Page 89 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to continue items PZ.11 and 12 to the City Commission meeting currently scheduled for November 9, 2006. [The minutes for item PZ.12 are located under item PZ.11.] PZ.13 06-01055Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1770 & 1778 NORTH BAYSHORE DRIVE, 1799 NORTHEAST 4TH AVENUE AND 430 NORTHEAST 18TH STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-010551u - PAB Fact Sheet.pdf 06-010551u - Analysis.pdf 06-010551u - Concurrency Report.pdf 06-010551u - Comp Plan Map.pdf 06-010551u - Zoning Map.pdf 06-010551u - Aerial Photo.pdf 06-010551u - PAB Legislation.pdf 06-010551u - PAB Application Documents.pdf 06-010551u PAB Reso.PDF 06-010551u CC Application & Supporting Docs.pdf 06-010551u CC Legislation (Version 2).pdf 06-010551u & 06-01055zc CC Exhibit A.pdf 06-010551u CC FR Fact Sheet.pdf 06-010551u Submittal Presentation.pdf LOCATION: Approximately 1770 & 1778 N Bayshore Drive, 1799 NE 4th Avenue and 430 NE 18th Street [Commissioner Linda Haskins - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of On the Park Properties, LLC and On the Park Properties II, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 20, 2006 by a vote of 6-0. See companion File ID 06-01055zc. PURPOSE: This will change the above properties to Restricted Commercial for the proposed On The Park Properties Major Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 90 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: PZ. 13. Yes, Mr. Lavernia. Roberto Lavernia (Chief of Land Development): Yes, sir. For the record, Roberto Lavernia of the Planning Department. PZ.13 and PZ.14 are companion items. One is the change of the future land use map of the Comprehensive Plan; 14 is the change of the zoning atlas. In front of Margaret Pace Park we have a shape -- fanshape two blocks that has been consistent. We're requesting change to SD (Special District). This was the missing piece in -- with the old designation, so the Planning Department is recommending approval, as presented, on both cases. Thank you. Chairman Gonzalez: All right. Yes. Carlos Gimenez: Good afternoon, Commissioners. Carlos Gimenez, Bilzin Sumberg, offices at 200 South Biscayne Boulevard, here on behalf of the property owner, Mr. Cervera, On The Park Properties, and as you know, we're coming here before you first reading for a land use and zoning change, that are companion items, and hopefully, we'll be back before you again with a second reading of these items, and the MUSP (Major Use Special Permit) resolution as well, and as you can see, we have Chloe Keidaish from Arquitectonica, who are working on the project right now and setting up the boards to show you what we plan for the property. Commissioner Regalado: It's upside down. Mr. Gimenez: Upside down. Chloe, could you take care of that? Essentially, as Roberto Lavernia just stated, the Planning Department has -- and the City has recommended approval of the land use and zoning changes in connection with the MUSP. We've also had unanimous approval at the Planning Board level and at the Zoning Board level. It's a logical extension of the SD-6 on the fanshape blocks located just west ofMargaret Pace Park. The proposed park consists of approximately 648 residential units, 859 parking spaces, with retail on the first floor, and when it comes time to discuss the MUSP, there were some conditions that were proffered by the City's Planning Department. However, we are, at that time, going to address those conditions. I don't know if you want us to go through that here, since it's not really relevant to the zoning and land use changes, but we are ready to address them, if needed, and if Chloe's ready to present the project, I'm ready to hand it off to her. Chairman Gonzalez: Is there any opposition to this item? All right. We see no opposition. Go ahead. Chloe Keidaish: OK My name is Chloe Keidaish with Arquitectonica, offices at 801 Brickell Avenue. This project, as we already discussed, is located on Margaret Pace Park, which is located right here in the picture. Important thing about this project is that it's the last remaining parcel fronting the property that hasn't already been developed. Some of the other projects that you're probably familiar are the 1800 Club, which is located across from our property; Quantum, which is on this corner, the Opera House, which is under construction here, and Bay Park Plaza, which is right here, already built. Vice Chairman Sanchez: And they've all gotten what you're requesting, right? Ms. Keidaish: I'm sorry, what? Vice Chairman Sanchez: They've all gotten what you're requesting? Ms. Keidaish: Yes, so all of these properties have already been rezoned from R-4 to SD-6, so we're basically filling in the missing piece here that will be fronting the park, and -- Vice Chairman Sanchez: Is that the last parcel of property there? City ofMiami Page 91 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Keidaish: I'm sorry, what? Vice Chairman Sanchez: Is that the last parcel -- Ms. Keidaish: Yes. Vice Chairman Sanchez: -- of property there? Ms. Keidaish: Yes, sir. Right here, like I said -- Vice Chairman Sanchez: All right. Ms. Keidaish: -- is Opera and Bay Park and us, 1800 Club, Quantum; complete picture -- Chairman Gonzalez: All right. Ms. Keidaish: -- so -- Vice Chairman Sanchez: Is there any opposition to this item? Chairman Gonzalez: No, there's no opposition. Vice Chairman Sanchez: If not -- Chairman Gonzalez: I already asked. Vice Chairman Sanchez: -- I'm prepared to make a motion. Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Vice Chairman Sanchez: Conditions. Chairman Gonzalez: Seeing none, hearing none -- Mr. Lavernia: No. It's the land use and zoning change -- Chairman Gonzalez: Excuse me. Let me -- Mr. Lavernia: -- which is in front of you today, and we have no conditions. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. As I was saying, anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Haskins. Commissioner Haskins: I move the item (UNINTELLIGIBLE). Chairman Gonzalez: All right. We have a motion. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a second. Mr. City Attorney -- Madam City Attorney, I'm sorry. City ofMiami Page 92 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chairman Gonzalez: All right. Chloe Keidaish: Thank you. PZ.14 06-01055zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1770 AND 1778 NORTH BAYSHORE DRIVE, 1799 NORTHEAST 4TH AVENUE AND 430 NORTHEAST 18TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01055zc Analysis.pdf 06-01055zc Zoning Map.pdf 06-01055zc Aerial Map.pdf 06-01055zc Application & Supporting Docs.pdf 06-01055zc ZB Fact Sheet.pdf 06-01055zc ZB Reso.PDF 06-01055zc CC Legislation (Version 2).pdf 06-01055zc CC FR Fact Sheet.pdf 06-010551u & 06-01055zc CC Exhibit A.pdf LOCATION: Approximately 1770 and 1778 N Bayshore Drive, 1799 NE 4th Avenue and 430 NE 18th Street [Commissioner Linda Haskins - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of On the Park Properties, LLC and On the Park Properties II, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on September 11, 2006 by a vote of 6-0. See companion File ID 06-010551u. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District for the proposed On the Park Properties Major City ofMiami Page 93 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.14, which is the companion item. Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning): Yes, sir. I already explain the zoning change -- Chairman Gonzalez: OK. Mr. Lavernia: -- and the Planning Department is recommending approval, and there's no conditions. Chairman Gonzalez: No conditions? Mr. Lavernia: No, sir. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Haskins: This item was recommended for approval by the Planning Department; six voted -- recommended approval; 6/0 by the Planning Advisory Board -- Vice Chairman Sanchez: Across-the-board. Commissioner Haskins: -- the same as PZ.13, and I make a motion to approve. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney, Maria S. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Carlos Gimenez: Thank you. PZ.15 06-01623zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE I, TITLED "IN GENERAL" MORE PARTICULARLY, CHAPTER 4, TITLED "ALCOHOLIC BEVERAGES" SECTION 4-11, "EXCEPTIONS TO DISTANCE REQUIREMENTS" TO: 1) ALLOW AN ADDITIONAL ALCOHOLIC BEVERAGE City ofMiami Page 94 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 ESTABLISHMENT WITHIN MIXED -USE PROJECTS OF OVER 300 DWELLING UNITS WITHIN THE DOWNTOWN AREA; 2) CREATE A CULTURAL SPECIALTY DISTRICT ALONG SW 8TH STREET, FROM SW 12TH TO SW 17TH AVENUES, ALLOWING DISTANCE EXEMPTIONS FOR A MAXIMUM OF 5 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AS A COMPONENT OF A CULTURAL FACILITY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01623zt Legislation.pdf 06-01623zt FR Fact Sheet 09-28-06.pdf 06-01623zt FR Fact Sheet 10-26-06.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow exemptions to distance requirements for establishments serving alcoholic beverages. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins Lourdes Slazyk (ZoningAdminstrator): PZ. 15 is an amendment to the City Code in order to -- Priscilla A. Thompson (City Clerk): I'm sorry. Lourdes -- Ms. Slazyk: Lourdes Slazyk. Ms. Thompson: -- I just -- but before we go on, I just want to make sure, because it was my understanding -- Ms. Slazyk: They were -- Ms. Thompson: -- that on the printed agenda, there was a mix-up of the item number, so I want to make sure we're clear on which item -- Ms. Slazyk: Yes. Ms. Thompson: -- we're discussing now as -- Ms. Slazyk: OK. PZ.15 is an amendment to Chapter 4, and PZ.16 is an amendment to Section 910 of the Zoning Code. In your packages, they're correct, but on the agendas, they were reversed, so what we're going to do is go with the printed package, so that PZ.15 is an ordinance amending Chapter 4 of your City Code regarding alcoholic beverages -- Vice Chairman Sanchez: All right. Ms. Slazyk: -- so in the package -- Vice Chairman Sanchez: Public meeting -- City ofMiami Page 95 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Slazyk: -- they were correct, but on the agenda, they were reversed. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Commissioner Regalado: But PZ (Planning and Zoning) -- here is PZ.16 is the alcoholic one. Vice Chairman Sanchez: Yeah. Commissioner Spence -Jones: We're doing PZ.16 first. Ms. Slazyk: Yeah. That's what just said, but it's -- Commissioner Regalado: So -- Ms. Slazyk: --15 is alcoholic beverage and 16 is the covenant in lieu of unity of title. They were correct in your book, but they were swapped on the agenda, so we're going to go by the book because it was easier to reference it this way. Chairman Gonzalez: All right. Seeing none, hearing none, the public hearing is closed. Vice Chairman Sanchez: So moved. Chairman Gonzalez: Comes back to the Commission. We have a motion. Commissioner Regalado: Second. Chairman Gonzalez: Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.16 06-00428zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9, SECTION 910 OF THE ZONING ORDINANCE, IN ORDER TO ALLOW FOR COVENANT IN LIEU OF UNITY OF TITLE AGREEMENTS FOR PROJECTS WITHIN PROPERTIES ZONED R-2 THAT ARE APPROVED PURSUANT TO ARTICLE 5, PLANNED UNIT DEVELOPMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 96 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 06-00428zt - PAB Fact Sheet.pdf 06-00428zt - PAB Legislation.pdf 06-00428zt PAB Reso.PDF 06-00428zt CC Legislation (Version 2).pdf 06-00428zt CC FR Fact Sheet 09-28-06.pdf 06-00428zt CC FR Fact Sheet 10-26-06.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 19, 2006 by a vote of 7-0. PURPOSE: This will allow a Covenant in Lieu of Unity of Title agreements for projects with R-2 zoning districts that are approved as a Planned Unit Development. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins Chairman Gonzalez: PZ. 16. Lourdes Slazyk (Zoning Administrator): PZ.16 is amending Article 9 of the Zoning Ordinance. This is in order to allow properties with R-2 zoning that come in as a planned unit development to utilize the covenant in lieu of unity of title option. What we've seen is people requesting zoning changes from R-2 to something else, only because R-2 didn't let them do a covenant in lieu of unity of title. This ordinance was actually requested by the Planning Advisory Board and was recommended unanimous approval, and it's also recommended approval by staff. Chairman Gonzalez: All right. This is a public hearing also. Anyone from the public that wants to speak on this item, please come forward. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove, Florida. This -- we want to thank very much Orlando Toledo, Lourdes Slazyk, the developer, and everyone else involved in this, because the community wanted a low-rise development, and the only way they could get unity of title was to go for an R-4 zoning, and the community did not want that to happen because they were very willing to have the townhouse development, but they didn't want the future to bring a sale of the property with a much higher density than they'd agreed to, and this solution was brought by Orlando and Lourdes, and we want to thank everybody in the City for doing this. Thank you. Chairman Gonzalez: All right. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance, Mr. City Attorney. City ofMiami Page 97 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.17 06-01403zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, RELATING TO PROJECTS LOCATED IN THE URBAN CENTRAL BUSINESS DISTRICT OUTSIDE OF THE DOWNTOWN DRI AREA; PROVIDING FOR A HEIGHT INCREASE FOR THE PROVISION OF PUBLIC PARKING IN EXCESS OF THE REQUIRED OFF STREET PARKING REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01403zt - PAB Fact Sheet.pdf 06-01403zt - PAB Legislation.pdf 06-01403zt PAB Reso.pdf 06-01403zt CC Legislation (Version 2).pdf 06-01403zt CC FR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommend approval to City Commission on September 6, 2006 by a vote of 6-0. PURPOSE: This will provide a height increase for public parking in excess of the required off-street parking requirements in the C-2 zoning district when located within the Urban Central Business District outside of the Downtown DRI. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins Chairman Gonzalez: PZ.17. Lourdes Slazyk (Zoning Administrator): PZ.17 is an ordinance that allows for a slight increase in height for projects that provide public parking in excess of the required parking for the project within our Urban Central Business District outside the downtown DRI (Development of Regional Impact). The purpose of this is to try to promote more public parking within the perimeter of downtown to help ease the congestion within downtown, and this is a good mechanism to get it; we've used it before, and it's appropriate for downtown. It was also recommended approval by the Planning Advisory Board. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is City ofMiami Page 98 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 closed; comes back to the Commission. Vice Chairman Sanchez: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance, Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Vice Chairman Sanchez: The rest are like -- Chairman Gonzalez: The rest are all in Commissioner Haskins' district. I just -- Vice Chairman Sanchez: On PZ.17, ifI may, Mr. Chairman. This is a very urban solution, and very -- it's very pro Miami 21 concept. Ms. Slazyk: Exactly. Chairman Gonzalez: Which one is that? Vice Chairman Sanchez: My -- just -- Ms. Slazyk: 17. Vice Chairman Sanchez: --17, which I think it's the mind frame that this City should have to assist and alleviate in the biggest problem that we have, which is parking throughout that area there, so that was good thinking on whoever came up with that to create more parking space and having businesses being able to use -- Ms. Slazyk: Excess parking, and -- Vice Chairman Sanchez: -- those -- exactly. Ms. Slazyk: -- where we wanted it was in the perimeter of downtown. What you want to do is fry to catch the cars before they hit the urban core, because once they park in the perimeter, they can catch People Mover -- Vice Chairman Sanchez: But -- Ms. Slazyk: -- to get around. Vice Chairman Sanchez: -- Lourdes -- Ms. Slazyk: Yes. City ofMiami Page 99 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vice Chairman Sanchez: -- I think that -- it's all about a vision. That's how I try to explain to individuals. As they come to downtown, we need to have a vision where people are going to have a pleasant experience coming to downtown Miami, OK, where they're going to be able to park their car, you know, with having to deal with traffic, find, sit -- you know, park their car; be able to get into a transit system to be able to move around the congested streets, because downtown, whether people like it or not -- you know, I'm not going to be able to stop it. I don't think anybody here is going to be able to stop the progress of downtown Miami. Although we're 110 years old, if you look at other major cities throughout the United States, no one has been able to stop their progress, New York, Chicago, Philadelphia, but we need to have a vision and we need to have a plan, so eithers, it's -- these are the type of solutions that we need to entertain and put it in our plans to make sure that when the future comes, we are able to meet the crisis. Ms. Slazyk: Exactly, and the one part of the City where we do have a great transit system that works is downtown, so this was very good for downtown. Vice Chairman Sanchez: OK. Ms. Slazyk: Very good. Vice Chairman Sanchez: I just wanted to put that out, because I know at times you're not praised that often, so wanted to take the time to praise you on this one. PZ.18 06-01026zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 580-582 NORTHEAST 71ST STREET AND 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01026zc Analysis.pdf 06-01026zc Zoning Map.pdf 06-01026zc Aerial Map.pdf 06-01026zc Letter of Intent.pdf 06-01026zc Application & Supporting Docs.pdf 06-01026zc ZB Fact Sheet.pdf 06-01026zc ZB Reso.PDF 06-01026zc CC Application Page 2 Replacement.pdf 06-01026zc CC Legislation.pdf 06-01026zc CC Exhibit A.pdf 06-01026zc CC FR Fact Sheet 09-28-06.pdf 06-01026zc CC FR Fact Sheet 10-26-06.pdf 06-01026zc Submittal Photos.pdf LOCATION: Approximately 580-582 NE 71st Street and 7000 Biscayne Boulevard [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of TNA Palms, Inc. and City ofMiami Page 100 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Wilbert Romano, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 7-1. PURPOSE: This will change the above properties to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. Let's take PZ.18. Is that the only item that got left, with exception of the Sawyer's Walk? PZ.18, right? Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: All right. Let's do PZ.18, and then we're going to have a recess until 5 p.m. All right. Let me ask a question. Is there any opposition to PZ.18? Anyone here that wants to speak on PZ.18? I see none. Mr. Lavernia. Oh, one. OK. Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning): Yes, sir. It's a change of zoning from R-2 to R-2 with an SD-12 in order to allow surface parking for the adjacent commercial property. The Planning Department find that that would be commercial use as parking lot into a residential, so we're recommending for denial. The Zoning Board recommends for approval on July 10. Thank you. Chairman Gonzalez: Thank you. Please, let's keep it down. We're frying to conduct a meeting here. Ben Fernandez: Thank you, Mr. Chair. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant TNA Palms and Wilbert Romano. With me this afternoon is Mr. David Tunnel, who is the owner of Karma Car Wash on Biscayne. Also with me is our project architect, Mr. Carlos Touzet, from Touzet Studios. This is an application that has been recommended for approval by your lower boards. Although the Department isn't recommending approval, I think that's in part, because you have Miami 21 in the works in this area and the Department is -- doesn't want to be committal at this point to any type of change. However, we believe that this is a change that will actually improve the existing compatibility of this site with the area. Currently, it is zoned a combination of C-1 and R-2, and the R-2 portion is shown here in red. You can see that there's already existing surface parking, both to the north and to the south, out to the same extent as what we're requesting here. The difference is that these two lots are nonconforming, and don't have all the landscape amenities, et cetera, that we will provide with a rezoning to SD-12, so we think that it's a very good idea. It's going to make Karma a very successful operation. I've distributed to you some information on Mr. Tunnel, a former MTV (Music Television) advertising executive that has been really instrumental in bringing back this northern segment of Biscayne Boulevard, and creating a really small renaissance with his restaurant, and now his car wash, so we ask that you recommend approval -- that you approve. Thank you. We're here to answer any questions. Commissioner Haskins: Dogma has the best hot dogs. Commissioner Regalado: Is that the one that was on TV (television) -- they've done some TV City ofMiami Page 101 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 stories about this? Mr. Fernandez: Yes, they've done -- in fact, this evening he's going to be on Deco Drive -- Commissioner Regalado: OK. Mr. Fernandez: -- and he's going to be featured in Gourmet Magazine. He is -- what else can I say, David? Do you want to say a few words? Chairman Gonzalez: All right. Mr. Fernandez: That's it. That's all we have. Chairman Gonzalez: That's it? Anyone from the public that wants to speak on the item, two minutes. Vice Chairman Sanchez: Steve Hagen. Steve Hagen: I'm just totally unclear about this, and I live just across the street. What -- is this being zoned into two parcels or one parcel or what? Mr. Fernandez: No. It's already -- this portion of the property has historically been part of this property. There isn't a home on it or anything. It's vacant land. Mr. Hagen: That's one whole parcel? Mr. Fernandez: Yes. It's part of the Dogma and Karma use that's here on Biscayne. Mr. Hagen: (UNINTELLIGIBLE). Mr. Fernandez: The hot dog stand and the car wash. Mr. Hagen: I just wasn't -- so that -- so you're separating that one parcel off? Mr. Fernandez: We're not separating it. We're actually improving it by providing a landscape buffer on it and parking some cars. Right now it's not even paved. It's just a gravel, unlandscaped lot. Mr. Hagen: But it's -- and it's still going to be zoned R-2 then? Mr. Fernandez: It's still going to be zoned R-2, correct. Mr. Hagen: But as one parcel then, you could have two properties? Mr. Fernandez: No. It has nothing to do with one or two properties. It's one platted lot, and it will remain one platted lot. It'll be zoned R-2; continue to be zoned R-2. It's just that we will now be allowed to provide parking on the lot to serve the car wash. Commissioner Haskins: There's -- Chairman Gonzalez: Anyone else? Commissioner Haskins: -- also a landscape buffer that's being put in. Mr. Fernandez: That's correct. City ofMiami Page 102 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: Yes, sir. Would you use the other mike? Oh, OK. Peter Ehrlich: I'll be very brief. Peter Ehrlich, 770 Northeast 69th Street. As a resident, I'm in favor of the application. It's very, very difficult to find parking for any of the retail on Biscayne Boulevard, and it's a very attractive establishment and excellent, excellent landscaping, and I hope you'll approve their application. Chairman Gonzalez: Very good. Anyone else? Seeing none, hearing none, the public hearing is closed. Commissioner. Commissioner Haskins: I recommend approval of the application. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. It's a resolution? It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Mr. Fernandez: Thank you. Chairman Gonzalez: All right. Commissioner Spence -Jones: I just want to say, Mr. -- you guys also own Dogma, right? It's like the best hot dogs -- Commissioner Haskins: They are the best hot dogs. Commissioner Spence -Jones: The best hot dogs. The vegetarian dogs -- Commissioner Haskins: But you don't get -- Vice Chairman Sanchez: I got to make it up there. Commissioner Haskins: -- a better car wash anywhere in the City. Unfortunately, as soon as you drive out, you're in construction. Chairman Gonzalez: All right. Let's take a recess until 5 p.m., when we have a time certain item. PZ.19 06-01057zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF City ofMiami Page 103 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20.1" EDGEWATER OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, WITH AN INCREASE OF THE F.A.R. TO 3.0, TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT AND "SD-20.1" EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1756 AND 1770 NORTHEAST 4TH AVENUE, AND 1751-61-71-77 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01057zc Analysis.pdf 06-01057zc ZB Zoning Map.pdf 06-01057zc Aerial Map.pdf 06-01057zc Application & Supporting Docs.pdf 06-01057zc Application & Supporting Docs #2.pdf 06-01057zc ZB Fact Sheet 07-10-06.pdf 06-01057zc ZB Fact Sheet 09-11-06.pdf 06-01057zc ZB Reso.PDF 06-01057zc CC Zoning Map.pdf 06-01057zc CC Legislation (Version 2).pdf 06-01057zc CC Exhibit A.pdf 06-01057zc CC FR Fact Sheet 10-26-06.pdf 06-01057zc CC FR Fact Sheet 11-09-06.pdf LOCATION: Approximately 1756 and 1770 NE 4th Avenue, and 1751-61-71-77 Biscayne Boulevard [Commissioner Linda M. Haskins - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of V Downtown, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on September 11, 2006 by a vote of 5-1. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District and SD-20.1 Edgewater Overlay District. CONTINUED A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue item PZ.19 to the City Commission meeting currently scheduled for November 9, 2006. Chairman Gonzalez: Now we're going to jump to PZ.19. Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning): Yes, sir. PZ.19 is a change of zoning. The Planning Department is recommending denial as presented based on the property already have an SD-19 limiting the FAR (floor/area ratio) for this specific property to 3.0. The requested change will increase for a total of 8.0, and the additional FAR requested not necessary to accommodate reasonable development. City ofMiami Page 104 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vice Chairman Sanchez: Is that the only reason why you're recommending? Mr. Lavernia: More than that. This item is on Biscayne Boulevard. This will be a domino effect that -- we have to put a stop in the type of development of SD (Special District) in the area. That is going to be expanding north, and we don't think that that's the way that it should be developed. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Yes, sir. Good afternoon. Stanley Price: Good afternoon. My name is Stanley Price, along with Carlos Gimenez. I'm substituting for Vicky Garcia -Toledo today. She became a grandmother earlier today, and let me go over the basics of this application. We have discussed with staff earlier today certain modifications to this application that may make it more palatable. As I indicated, Ms. Garcia -Toledo has been the one negotiating with staff in regard to this project. We believe that this application we modified at second reading to probably just ask for SD-6 and eliminate the other requests with this application, but I'd like to just briefly go over some facts, and I have two witnesses here; one will probably speak, the other will be available to questions for the Commission. The subject property is in the area that's east of Biscayne Boulevard, similar to the project you had just approved. All of the development in this area is SD-6. To the north of this site on 19th is the Finger property, which we -- (UNINTELLIGIBLE) -- which we had approved before this Commission several years ago. It's SD-6 on the Boulevard. It provides for retail and residential on the Boulevard, and escalates with more intensity as you get closer to the bay. All of the property immediately to the east of this site is zoned SD-6, including the property that you just passed on first reading. We believe this is an appropriate application. We believe it's consistent with your Comprehensive Plan and the goals and objectives of your Comprehensive Plan, and ifI may, I'd like to ask Mr. Guillermo Olmedillo to come forward and justgive you some analysis from a planning point of view. Guillermo Olmedillo: Thank you, Stan. Mr. Chairman, members of the board. Guillermo Olmedillo, for the record, 330 Greco Avenue, Suite 108, Coral Gables, Florida. Some of the things that you need to look at are the series of decisions and policy decisions that this Commission has made maybe, not particularly you, but the City Commission has made about this area. The Omni area is depicted in the Comprehensive Plan as the area to have high density; 500 units to the acre. It was a tax increment finance district that was created for this area to take advantage of the differential in development from the time that the district was created and the increase in development so that that could finance the infrastructure and improvements for the area. The comprehensive development -- the Comprehensive Plan of the -- excuse me, the downtown master plan also depicts this area to be the high density area for the district, and the SD-6 follows along with the same intent of what was expressed in both the Comprehensive Master Plan and the Miami -- the downtown master plan. It's -- zoning, as you know, is a consequence of the land use decisions that you've made in the and the administrative decisions that you made in the past to create incentives for this area to grow. The other element that you have to take into consideration is transportation. You have Biscayne Boulevard is one of the transportation corridors. You have close proximity to the People Mover and other parts of the transportation network for the entire county. There are a number of planning reasons and a number of plans decisions that you have made in the past, as I said, the commissions have made in the past that support this change of zoning. It meets the criteria for change of zoning. The effect and the impact of this -- of changing this -- the zoning on this property is not different from any other properties located in the area. IfI can point to you also your previous decisions -- if you look at your zoning map today, as you know, you have just consider this parcel of land for an application. What is striped in red is the SD-6. This is the subject property. As you can see, it's surrounded -- this is the Finger project. It is practically surrounded on three sides by the SD-6 land use -- zoning designation, and what the property owner is requesting is the same type City ofMiami Page 105 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 of treatment that these properties have received in the past, and like I said, all the previous decisions -- policy decisions made by this Commission has been -- have been supportive of this type of development,; therefore, I present to you an application that is consistent with the master plan, and that it's compatible with the area, and that it takes advantage of all the previous decisions that you have made. If you have any questions -- Chairman Gonzalez: All right. Mr. Olmedillo: -- obviously, I'm available for you. Chairman Gonzalez: All right. Mr. Price: Just -- we have Mr. Plummer, our traffic consultant, here, if there are any questions from the Commission, but I'd like to point out that, specifically, when this issue came before the Zoning Board, the Zoning Board, as you will note, recommended approval of this application. There was some confusion in regard to the allowable FAR (floor/area ratio) on this property, and there was some concern that we were seeking to get an additional bonus of a 2.0. We furnished to that board and we furnished to the City Attorney's Office a declaration of restrictive covenants, waiving any rights to that additional bonus. I had spoken to Lourdes this morning, and there was apparently some confusion over the provision of the overlay, and once again, we'd like to be able to come back here and straighten that issue out. We would probably be just asking for an SD-6 rezoning, consistent with almost every other zoning on the east side of the Biscayne Boulevard. Vice Chairman Sanchez: And I think that's thebest thing to do, because let me tell you something. Chairman Gonzalez: I have -- Commissioner Haskins: I think that this item should -- I really think that this is a -- this is one of the ish -- the previous issue, there was no opposition, all the parcels surrounding it were consistent with what was being changed. It certainly is part of the Comprehensive Plan. I think that there are valid differences of opinion on this, and what I would prefer seeing is that you continue discussions with Lourdes and bring it back as a first reading in November, and let's take a look at see what the impact of all of this is, because if we do it first reading and it changes substantially, we're going to have to do it first reading again anyway, so you're not losing any time on that, and I really want to have a better understanding of what the impact of this is. Vice Chairman Sanchez: I think the biggest problem is the FAR at 8. Commissioner Haskins: It is. Mr. Price: But it's not -- it's -- I -- Vice Chairman Sanchez: I know, I know, but it's in front of us as 8. Mr. Price: Not with the covenant, sir. Vice Chairman Sanchez: Well, but the covenant, you know -- no matter -- Commissioner Haskins: I just think it needs to be cleared up. Vice Chairman Sanchez: -- what, she's absolutely right. It's going to have to come back -- Mr. Price: But once again, I -- we would agree with the Commissioner's position. We'd like the City ofMiami Page 106 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 community to further clarify that, and once again, Vicky's been dealing with this application. Vice Chairman Sanchez: And I -- congratulations to her; I hear she's a grandmother. Mr. Price: Right. Nothing to do with me, sir. Vice Chairman Sanchez: Well, congratulations to her. Mr. Price: I want that on the record. Vice Chairman Sanchez: All right, so I believe that you're going to make a motion to what? Commissioner Haskins: I would make a motion to defer. You're not -- Vice Chairman Sanchez: Second. Commissioner Haskins: -- losing any time with this, so -- Chairman Gonzalez: All right. Commissioner Haskins: -- I make a motion to defer. Chairman Gonzalez: We have a motion and we have a second -- Jorge L. Fernandez (City Attorney): Proper motion -- Vice Chairman Sanchez: Proper motion -- Mr. Fernandez: -- would be to continue -- Vice Chairman Sanchez: Continue. Mr. Fernandez: -- this public hearing. Commissioner Haskins: Continue, and I -- continue to the next P&Z (Planning & Zoning) -- Mr. Fernandez: To the November 9. Commissioner Haskins: November 9 meeting, fine. Vice Chairman Sanchez: Second on the continuation. Chairman Gonzalez: We have a motion and we have a second to continue until November 9. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Mr. Price: Thank you. Have a good day. PZ.20 06-01065v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING City ofMiami Page 107 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 OR GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 8, SECTION 803, SUBSECTION 803.3.6, ADDITIONAL LIMITATIONS AND REQUIREMENTS, TO ALLOW A REQUIRED FRONT YARD SETBACK FOR GARAGES WITH ACCESS OPENING TO THE STREET, TO ALLOW A FRONT YARD SETBACK OF 20'0" (40'0" REQUIRED) FOR THE PROPERTY LOCATED AT APPROXIMATELY 3672 ROYAL PALM AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A." 06-01065v Analysis.pdf 06-01065v Zoning Map.pdf 06-01065vAerial Map.pdf 06-01065v Application & Supporting Docs.pdf 06-01065v Plans.pdf 06-01065v ZB Fact Sheet.pdf 06-01065v ZB Appeal Letter.PDF 06-01065v ZB Reso.PDF 06-01065vApplication Page 4 Replacement. pdf 06-01065v Legislation (Version 3).pdf 06-01065v Exhibit A.pdf 06-01065v Legislation (Version 4).pdf 06-01065v Exhibit A.pdf 06-01065v CC Fact Sheet 09-28-06.pdf 06-01065v CC Fact Sheet 10-26-06.pdf LOCATION: Approximately 3672 Royal Palm Avenue [Commissioner Linda M. Haskins - District 2] APPELLANT(S)/APPLICANT(S): Robert P. Gonzales and Anna Oleskiewicz, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Variance. ZONING BOARD: Made a motion to approve, which failed (due to the failure to obtain the five affirmative votes) constituting a denial to City Commission on July 24, 2006 by a vote of 4-4. PURPOSE: The approval of this appeal will allow a garage addition to a single-family residence. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0634 Chairman Gonzalez: PZ.20. Commissioner Regalado: PZ (Planning & zoning) -- Robert Gonzales: Thank you, Mr. Chairman. Chairman Gonzalez: We're still on PZ.20. City ofMiami Page 108 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Gonzales: Thank you, Commissioner Haskins. Commissioner Regalado: Twenty? Mr. Gonzales: I appreciate it. Chairman Gonzalez: Twenty, twenty, yes. Yes, sir. Mr. Gonzales: Hi. It's -- my story's actually quite short. Priscilla A. Thompson (City Clerk): I'm sorry. Can you speak into the mike? I'm not hearing -- Mr. Gonzales: I'm sorry. Commissioner Haskins: We need your name and address. Mr. Gonzales: My name is Robert Gonzales. I reside at 3672 Royal Palm Avenue. Four years ago, when we bought our home, we bought it with the expressed intention of building a garage to accommodate storm panels, things of that nature, and to -- we went through the process of securing the funding and making the architectural plans consistent with the neighborhood, and what we felt at the time was the zoning requirements. Unfortunately, after going through all of that, we went ahead and submitted our plans to the City, only to find that we couldn't put our garage door on the front of the home, where it's -- really, the only place we can put it, and the reason I'm here today is I'm asking for the Commission to please consider allowing me to put my garage door 20 feet from the property line, instead of the new 40 feet, which would make it consistent with the rest of my neighbors and the rest of the neighborhood. However, it would require this setback variance, so that's what I'm asking for. Chairman Gonzalez: Mr. City Attorney, this is an appeal, right? Jorge L. Fernandez (City Attorney): Yeah, This is an appeal from the Zoning Board. Chairman Gonzalez: From the Zoning Board decision. Mr. Fernandez: If you see the record from the Zoning Board, in essence, it failed because it was a 4/4 vote, so it comes to you, in essence, as a denial, and that's why he's here appealing. Staff should make its presentation, because staff recommended, both in front of the Zoning Board and is ready to recommend here, that you deny this request. Chairman Gonzalez: All right. You conclude your presentation, sir? You conclude? Mr. Gonzales: Yes, sir. Chairman Gonzalez: All right. Yes, sir. Roberto Lavernia (Chief of Land Development): Morning. For the record, Roberto Lavernia, with the Planning Department. This is an appeal of the Zoning Board decision of a variance. For the variance, the Planning Department recommend denial, finding that there was no hardship to justify the requested variance, and it was denied by the Zoning Board with a motion that -- to approve that failed 4/4. Thank you. Chairman Gonzalez: All right. Commissioner Haskins. City ofMiami Page 109 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Regalado: IfI -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: Question, so the whole crime here is a garage door? Commissioner Haskins: Yeah. I drove to this property and -- before the last meeting, and -- Commissioner Regalado: Is that a third degree felony or -- Chairman Gonzalez: That's second degree. Commissioner Regalado: Second degree felony, OK. Chairman Gonzalez: Second degree. Commissioner Haskins: -- and I understand that you have the support of your neighbors. Is there anybody here to speak against the item? I don't think so, right? Is there anybody here to speak against this? I drove to the property before the last Commission meeting, and looked at it, and I think it's very -- what you want to do is very consistent with the rest of the neighborhood, so I would make a motion -- Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Commissioner Haskins: -- to -- Hr. Lavernia: Commissioner, may I put something on the record? Chairman Gonzalez: Yes, sir. Commissioner Haskins: Well, how does the motion go? Chairman Gonzalez: Go ahead. Commissioner Regalado: Grant the appeal. Hr. Lavernia: If the Commission -- Commissioner Haskins: Grant the appeal. Hr. Lavernia: -- is inclined to recommend for approval, the Public Works Department is requested to put some conditions on the item. Commissioner Haskins: And what are those conditions? Hr. Lavernia: That the roof perimeter to be fitted with gutter discharging onto the back of the property; number two, the consfruction of a Swale trench seven feet minimum, its site is set of continuous grade; number three, consfruction of ten feet of exfiltration trench; its side located on the side portion of the right-of-way, and number four, granite of a low (UNINTELLIGIBLE) within the front yard and pitch in the driveway toward this area. Commissioner Haskins: I -- those conditions -- that's just inconsistent with anything else that's City ofMiami Page 110 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 there. I agree with the drainage to the back instead of to the front of the sfreet, as a condition, but the rest is just not consistent with what's been required of other houses. This is so consistent with the other houses in this -- on this sfreet, I can't even tell you. I'm really puzzled at why this was denied -- recommended denial in the first place, so I would recommend granting the appeal, with the condition of the eaves -- is that what it is? Commissioner Spence -Jones: The easement. Commissioner Haskins: -- be directed -- Commissioner Spence -Jones: Drain -- Commissioner Haskins: -- toward the back of the house. Commissioner Regalado: I will second that, butt have a question. Curious. Just curious. If he cannot do the garage door in front, so the recommendation was to do it way in the back or around? What was the -- Mr. Gonzales: Well, what would have -- we would have to basically put the garage door in our kitchen. Commissioner Regalado: In where? Mr. Gonzales: It would have had to been so far back, it would have had to been in the kitchen. It would require the -- Chairman Gonzalez: In the kitchen. Mr. Gonzales: -- demolition of the home, the kitchen, because the home is (UNINTELLIGIBLE) Commissioner Haskins: But that wasn't the hardship. Commissioner Regalado: It would have been a drive -through, right -- Mr. Gonzales: Yeah, drive -through, exactly. Commissioner Regalado: -- for people to pick up food and all that, OK It's cool. Chairman Gonzalez: All right. We have a motion and we have a second. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. It's an ordinance. Mr. City Attorney. Ms. Thompson: It's a resolu -- PZ.20? Mr. Fernandez: No, it is not. Chairman Gonzalez: PZ. 20. Mr. Fernandez: It's a resolution. Ms. Thompson: It's a resolution. Vice Chairman Sanchez: PZ.1 ? Ms. Thompson: PZ. 20. City ofMiami Page 111 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Spence -Jones: No, PZ -- Mr. Fernandez: PZ.20. Commissioner Spence -Jones: -- we took another one instead. Mr. Fernandez: PZ.20 is a resolution. Chairman Gonzalez: PZ.20. Vice Chairman Sanchez: It's hard to keep up today. Chairman Gonzalez: It's amending an ordinance, right? Mr. Fernandez: It is a resolution. Chairman Gonzalez: It's a resolution? Mr. Fernandez: Yes. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed -- Vice Chairman Sanchez: As amended. Chairman Gonzalez: -- have the same right. I think you had five "ayes." Commissioner Haskins: Thank you very much. Chairman Gonzalez: Five -- Mr. Gonzales: Thank you very much. Chairman Gonzalez: -- "ayes." Mr. Gonzales: I appreciate. Vice Chairman Sanchez: Five "ayes." Commissioner Haskins: Thanks for coming again. Mr. Fernandez: Mr. -- Commissioner Regalado: Now, Mr. Chairman -- Chairman Gonzalez: Five. Vice Chairman Sanchez: Not four eyes, but five ayes. PZ.21 06-01126ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT City ofMiami Page 112 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 (S), GRANTING THE APPEAL FILED BY LUCIA A. DOUGHERTY, ESQUIRE, ON BEHALF OF LAXMI INVESTMENTS, LLC. ("APPELLANTS"), AND REVERSING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE MIMO/BISCAYNE BOULEVARD HISTORIC DISTRICT OF THE PROPERTY LOCATED AT APPROXIMATELY 5850 BISCAYNE BOULEVARD, LOCATED WITHIN THE AREA BOUNDED BY BOTH SIDES OF BISCAYNE BOULEVARD FROM NORTHEAST 50TH STREET TO NORTHEAST 77TH STREET, AS A HISTORIC SITE. 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha Zoning Map.pdf Aerial Map.pdf HEPB Appeal Letter.pdf HEPB Reso.pdf Designation Report.pdf Questions & Answers about Legislation (Version 2).pdf Designation Report.pdf Questions & Answers about Legislation (Version 3).pdf HEPB Appeal Letter.pdf Designation Report.pdf Questions & Answers about CC Fact Sheet 09-28-06.pdf HEPB Fact Sheet 06-06-06.PDF CC Fact Sheet 10-26-06.pdf Submittal Letter Thorn Grafton.pdf Submittal Photos.pdf Proposed Designations.pdf Proposed Designations.pdf Proposed Designations.pdf Motion by Commissioner Haskins, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0640 Vice Chairman Sanchez: Could we take PZ.21 out of the way and get the court reporter -- I'm sure she's got better things to do? Chairman Gonzalez: PZ. 21? Vice Chairman Sanchez: Yeah. Chairman Gonzalez: OK. Vice Chairman Sanchez: I'm sure she's got a family to go home to. Chairman Gonzalez: That's an appeal. PZ.21. Commissioner Regalado: But I just wanted to say something as to what Vice Chairman Sanchez said. The County does not lead -- does not deal with land use. These are the community counsels. They only deal with appeals, which are very rare, and it's only once a month. All the other issues that they approve on first reading are like, you know, contracts and -- City ofMiami Page 113 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: You know, let me tell you. If you come to think about it, what happened is that we only have five Commissioners here, but you know, if we had a larger Commission, we could always create committees and then have committees look at the projects, and by the time they get to the City Commission, they were alive or dead. Commissioner Spence -Jones: The only thing that I like about the first reading is sometimes that gives you the opportunity to say some of the -- you know, or voice some of the concerns that some of the residents may have, which you may not have -- be able to have the opportunity to do that the second reading. Chairman Gonzalez: Yeah. Commissioner Spence -Jones: That would be my only comment. Chairman Gonzalez: Right. All right, so we are on PZ.21, is that what you wanted, Commissioner Sanchez? Commissioner Spence -Jones: PZ.21. Vice Chairman Sanchez: Yes, please. Chairman Gonzalez: PZ. 21. Unidentified Speaker: Thank you. Lucia Dougherty: Mr. Chairman, we have a expert witness is on his way. Could we hold that off for a couple of minutes? Chairman Gonzalez: All right. Ms. Dougherty: Thanks. Chairman Gonzalez: So let's hold it off for a couple of minutes. [Later..] Chairman Gonzalez: Are we ready for PZ.21? We are. OK. PZ.21. Vice Chairman Sanchez: OK. You know, I hear these court reporters make a lot of money. Ellen Uguccioni: Good morning, Mr. Chairman. Ellen Uguccioni, with the historic preservation section of the Planning Department. This is an appeal from the decision of the Historic Preservation Board, which designated the Biscayne Boulevard Miami Modern Historic District, and included the property at 5850 Biscayne Boulevard as a contributing property. Your agenda package -- I want to make this clear, that the appeal is not to the historic district itself but to the inclusion of 5850 Biscayne Boulevard. Staff is recommending denial of the appeal. Commissioner Haskins: Why is staff recommending denial of the appeal? Ms. Uguccioni: The whole concept of historic districts is to have a collection of buildings that somehow portray an element of our history and our architectural distinction. Biscayne Boulevard is evolutionary. It begins in the '20s and it goes all the way to the '60s. This is a building; it's residential in nature. We have mixed -use. We have multifamily. We have commercial. Again, there's nothing homogenous about Biscayne Boulevard. This residence, we think, is a very distinctive one, it was built in 1941; designed by a famous architect that has City ofMiami Page 114 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 designed in Morningside and in Miami Beach, and as a result, we feel that it has a place within that evolutionary history that has a whole number of distinctive factors associated with it. Commissioner Haskins: Were those basically the same reasons for the HEP (Historical and Environmental Preservation) Board to approve the designation 7/0 on this parcel? Ms. Uguccioni: Yes, ma'am. Commissioner Haskins: Basically the same reasons. Ms. Uguccioni: Yes, ma'am. Commissioner Haskins: OK, Lucia. Ms. Dougherty: Good afternoon, Madam Chairman -- I mean, Madam Commissioner, and members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and with me this afternoon is Lina Eusse, who is the principal and also a principal of Laxmi Investments, which is the owner of the property. She and her husband actually build hotels around the world, 5- and 6-star hotels, and so they are not unsophisticated in terms of investment, and in terms of building high -quality properties. It is a -- the designation of this property or this site is the MiMo (Miami Modern) or MiMo/Biscayne Boulevard Historic District, and I say that because it was supposed to -- it is an evolution and it has lots of commercial properties on Biscayne Boulevard, primarily the hotels, because it is on US 1. This is a single-family home, located on 58th Street and Biscayne Boulevard. It doesn't even front Biscayne Boulevard, which makes a distinction between this house and other houses that may be in the district. We are not asking to be taken out of the disfrict. I want to make that clear. We are not asking that the district not actually occur. What we're asking is that this particular property be declared noncontributing, and what that means is that whatever new project we have, which -- and this is zoned office, and when my client purchased the property, they purchased it under a zoning designation of office, which allows multifamily residential, office, hotel, motel, and not retail, however, so you couldn't put, for example, a restaurant here. You can only have an office or residential, so again, the issue is not whether or not we be included in the district; we're asking that this particular structure, even though it's in the disfrict, not be considered contributing, and what does that mean? That still means that any new project would still have to go to the Historic Preservation Board for approval. It also means that we could not demolish this building until a new project was approved by the Historic Preservation Board. Again, I want to emphasize, we're not asking to be taken out of the disfrict. Any project that would be put in this property would have to be approved by the Historic Preservation Board. We have letters from architects, who are historic preservation architects, and I'm going to ask Mario Garcia -Serra from my office to pass them out to you. One is from Thorn Grafton, a well -noted preservation architect, and one is from Allan Shulman, who has also written the book about historic MiMo architecture, who both indicated that they do not believe that this is a contributing building, and if you look on page 18 of the designation report, it talks about the styles that are the most distinctive styles on Biscayne Boulevard, and one of them is the MiMo style. Well, I invite you to look at the photograph of this building. It is clearly not a MiMo style. Another one is Mediterranean Revival. It is not a Mediterranean Revival architecture. Another one is Art Deco. It's not Art Deco, and the other one is Miami Modern. It's not Miami Modern. In fact, it's sort of a conglomeration of them. If you look at it, you've got Colonial, you've got Med Revival. These two columns look like they left the scaffolding out in front and forget to take them off. I mean, it is really an insignificant building compared to what could be built there by my clients. Now -- Commissioner Regalado: Can I ask you a question -- Ms. Dougherty: Certainly. City ofMiami Page 115 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Regalado: -- Lucia? What this means is that if the Historic Preservation Board says you can only build certain style, you need to go by that rule? Ms. Dougherty: Yes. I have to propose a style. I have to propose a building, and they have to approve it, but right now what this means, without -- with making this a contributing building is I cannot demolish this building, and I can't propose a better building for the district, one that faces Biscayne Boulevard, one that is architecturally significant, one that blends in with the community. I can't do that because it takes up the entire site. This house is in the middle of the site. I just want to -- the most important thing I want to tell you is that my client paid a million fifty for this property, for a single-family house on Biscayne Boulevard/US 1 because it's zoned office, and the intent was to build either an office building or a hotel or a motel, much in keeping with the district. If you were to keep it as an office, the -- without taxes -- supposing your ordinance passed today and you didn't have to pay a single solitaire penny of taxes, you didn't buy insurance, and you didn't have anything other than the mortgage, she'd be having to lease this property for $47 a square foot. Now you all know that you could buy -- you could have class A office space in downtown for $27 a square foot, and what's (UNINTELLIGIBLE) up there in this district now is $15 a square foot for a office space, so it makes it really an unreasonable burden, an excessive burden on this particular property to keep it in the disfrict, particularly since it's not a significant building anyway. It's not a precedent. In other words, if you were to make this building noncontributing -- that's all we're asking for; we're keeping it in the district -- it's not a precedent. Nobody else appealed. No one has asked for this, and so it's not something that you would consider or anybody could consider a precedent on this appeal, so you can't expect that -- and early on when we had spoken to the historic prick preservation staff they indicated -- and I think Ellen would say to me that this building wasn't that significant to them, but they were concerned that other people would ask for the same thing, and that's not going to be the case because we were the only ones that asked to be taken or made noncontributing, as opposed to contributing. I would like to have Lina come forward first, and then John Fullerton, who is also a historic preservation architect, to testify. Lina Eusse: Greetings. Good evening. Hi. My name is Lina Eusse, and I live on 1101 North Venetian Drive. Ms. Dougherty: City ofMiami. Ms. Eusse: In the City ofMiami. Before I expose my -- can I use this one better ? -- case to you today, I would like to make it clear to the members of the board and to the audience that am not against nor opposing to the designation of the historic MiMo disfrict, but am against or I don't believe that what the Historic Preservation Board did in designating my property as contributing is the right thing. I'm not an architect, but did my research, and with all the tools available to us, like the Internet and books and libraries, I did a little bit of a research frying to identify where my property is of significant value to this historic district and what architectural style it is, and I really found nothing. I printed some pictures that want you to see, OK First, we start with the Mediterranean Revival style. If you can clearly look at this property, and then take a look at the Mediterranean Revival style and all of the characteristics, and those pictures were printed from the Internet of properties that have been designated historic, and they have nothing to do with my property. They look -- none of the characteristics meet. Then I have the Spanish Colonial, which is right here, which is basically the -- it emphasizes on the facade, the look of it, the clay, the -- all of the iron used for it, and my property does not meet that characteristic. Here are additional pictures. Then we have the Mediterranean Revival, which, again, if you look at the pictures and compare it to my property, has no relevance, and then we go to the Colonial, which you can see beautiful columns, not these little poles that are in front of my house, and I just would like to know -- and I would really like the Historic Preservation Board to give me a definition of what architectural style my property has. I went ahead and hired Allan Shulman, which everyone knows is pro -historic preservation, and he feels that my property doesn't have City ofMiami Page 116 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 any significance. I also wanted to base my appeal on two facts. The first one I just exposed to you, that I don't see this property being historic value or having any architectural significance to the disfrict, and the second one is financial hardship. We did our research when we were purchasing this property, or actually, I did my research on this property. I went through all the boards. We went into contract in May -- actually, in September and ended up closing in March because I wanted to make sure I did all my due diligence to build and to use the space as we wanted it. We purchased the property. It had no ordinance called for historic preservation. I even asked the seller at that time if the property was in any way involved in anything future, like historic preservation, or ifI couldn't tear it down, ifI couldn't do this, and I have statements that, at the time, nothing of that nature was involved with the property, so we purchased the property. We closed on it on March 2005. Right after that, I got pregnant, and my pregnancy was a little bit difficult so I couldn't continue with the project, and for all of you that have children, you understand, after a pregnancy, then the postpartum, the baby, and all that, so it took me a while to get back to the project. When I get back to the project, I hear about this ordinance being called for the properties located between 50th Biscayne and 77th of the MiMo district. I read all about the MiMo district, and at that moment, I thought it wasn't going to really affect us because I read the designation report, and it's calling for properties with significant architecture, like the ones that I just passed on. If this property were to be designated historic, right now, as it is, I've been -- I've had it listed for lease for about a year, and the offers I've gotten don't even meet 50 percent of the carrying costs. I have a mortgage. The property taxes are tremendously high. The insurance coverage is tremendously high, plus all the maintenance to keep the property looking nice on the boulevard. You don't want something looking ugly on the boulevard, so I have not been able to rent it. I've had offers, but I just can't rent it as an office. I can't rent it as a single-family home because it's right in the middle of a busy street. Who would have their kids playing -- I don't have a backyard, so they would have to play in the front yard with buses passing by, cars passing by, and you know, it's dangerous. Nobody wants to live in that property. Nobody wants to have a property in that property, so I can't rent it as an office at a reasonable price. I can't rent it to a family because -- a family with kids or anyone -- doesn't want to live in it. We've had problems with homeless people in the property or around the property. I've talked to the police. We've tried to get them out, and they just won't leave the property, so there goes that no family would want to live when they wake up in the morning and they have a homeless sleeping on their doorstep. Then we are designated -- the zoning, I'm sorry, is office, and it has an SD-9 overlay. Let's assume the property is contributing and they do designate it as contributing. I cannot put a restaurant on it. I cannot put a club. I cannot put a cafeteria. I can't establish any business that is reasonable enough for me to make at least my carrying cost, so I'm kind of stuck in the middle where I have a property right now that's costing tremendous amount of money, and I can't do anything with it, and then on top of it all, it's really of no significant architectural value, so I'm here today to plead to you to make a -- Ms. Dougherty: And we're going to have your architect now plead to them -- Ms. Uguccioni: OK, plead. Ms. Dougherty: -- so -- they have a big agenda. Ms. Uguccioni: OK, so -- sure, but thank you very much. Chairman Gonzalez: Thank you. John Fullerton: Good afternoon. My name is John Fullerton, an architect with offices at 366 Altara Avenue, in Coral Gables. I'm here -- I'm not being paid. I'm here as an interested historic preservationist, and one who's interested in this MiMo district, and I have no interest whatsoever in any place near the MiMo disfrict, so I just want to make that clear, because my opinion is that this is not a contributing asset to the MiMo district. It's probably the first time I've ever differed in agreement with my esteemed colleague, Ellen Uguccioni, in probably almost City ofMiami Page 117 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 20 years that we've known each other, but I've studied that district and driven up and down the street over and over again frying to -- stretching to try to make this part of it, because I love the idea of preserving it, and I have to say that I couldn't find one reason that this would be a contributing structure, so it doesn't seem to fit into the context of the street. It's obviously the side of a residential home, in the middle of a commercial district. I think it just -- and it doesn't have much architectural character. Now that's not -- that shouldn't be a criticism because there's a lot of valuable architecture or historic buildings that not necessarily beautiful architecture, butt have to say that this is just an interruption of the MiMo district, in my opinion. It's not really a part of it, and it doesn't seem to fit the style or character of the district in general. I would like you to say no, and I would like it to get -- have the opportunity to become part of the MiMo disfrict by allowing a new building to -- go ahead. Commissioner Haskins: Can you explain what's on either side of this property on Biscayne Boulevard? Mr. Fullerton: Well, right now there are various types of buildings, most of which are hotel- or commercial -related. There are a few homes up and down the street, which have very, very definite architectural character. Commissioner Haskins: There's not a home next to this building. It's a hotel, right? Mr. Fullerton: There's a house to the south -- I think it's a house. Ms. Uguccioni: Commissioner Haskins -- Mr. Fullerton: Yeah. Ms. Uguccioni: --I do have a -- Commissioner Haskins: OK. Ms. Uguccioni: -- photograph -- Commissioner Haskins: Can I see? Ms. Uguccioni: -- ifyou'd like to see. Mr. Fullerton: It's a beautiful home, if it is a home, and it probably could be converted to a commercial building, if necessary to. Now this is -- this picture that you're seeing now is the east facade of the subject house, and the building next to it is a commercial home, but on the corner of the next street south there is another building, which is quite interesting and probably would fit into this district well. Chairman Gonzalez: All right. Mr. Fullerton: Thank you very much. Chairman Gonzalez: Does that conclude the presentation? Ms. Dougherty: It does. I just want to remind you that we're not asking to be taken out of the disfrict. In fact, if we -- if you keep us in the disfrict, all we're asking for this building to be non noncontributing, which means that any new building proposed, we would still have to go to the Historic Preservation Board, and secondly, we can't demolish this until we have a new one approved by the Historic Preservation Board. City ofMiami Page 118 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Haskins: Is a contributing building mean it can't be modified? Ms. Uguccioni: It may certainly be modified. Commissioner Haskins: It may -- Ms. Uguccioni: Yes, ma'am. Commissioner Haskins: -- be modified? Ms. Uguccioni: Yes. Commissioner Haskins: But certain elements would have to remain? Ms. Uguccioni: Yes, and ifI may, I have some handouts that I'd like to distribute just of the initial blueprint. May I do that, Mr. Chairman? Chairman Gonzalez: Sure, go ahead. Commissioner Regalado: Whenever possible, I have a question, Mr. Chairman. Chairman Gonzalez: Go ahead, ask your question. Commissioner Regalado: I guess to the City staff. So how do you propose or decide what kind of a structure should be historic? Ms. Uguccioni: Yes, sir. Your question was how do we determine if something is historic. Commissioner Regalado: How do you propose to the board and decide what kind of structure should be historic? Ms. Uguccioni: When we are working with an historic district, we're looking for a significant concentration of properties that somehow convey an area of significance. We talked about the Overtown area, for example, as a community. On Biscayne Boulevard, we know that that history begins in 1926 with that whole development that happened after the boom, and there were residential structures on it. Nothing happened very much from '26 through after the World War, and then there's a huge boom in building, and we do see a lot of the Miami Modern hotels, so our significance ranges from -- and again, this is the difficulty. There's so much diversity on the Boulevard; it's very hard to see it as -- Commissioner Regalado: That's what I'm asking for, so you think that one of those motels that used to create so much problem is historic? Ms. Uguccioni: Yes, sir, we do. We think it's architecturally distinctive, and some of those buildings are included in Allan Shulman's book on Miami Modern as architecturally distinctive. Their condition today and certainly the quality of the area has perhaps run down, but not the significance of the building itself. Commissioner Regalado: I understand, but the conditions certainly are one that could become eyesores, right? Ms. Uguccioni: Yes, sir, it could. The handout that I gave you is a drawing by Mr. Nellenbogen, who is the architect of this, and we also gave you a photograph of the building almost immediately after it was constructed. In terms of style, this is not a pure style, and Ms. Dougherty characterized it well as being a mishmash name or a -- I'm sorry; I've forgotten the City ofMiami Page 119 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 exact words, because it's not a pure style, but an eclectic combination of things. If you think about properties all over Miami, they derive certain characteristics from different kinds of architectural styles. We didn't try to pin a name on it. We don't feel that pinning a name on something is, in and of itself, contributes to its significance. Commissioner Spence -Jones: Can I see that board, Lucia? Chairman Gonzalez: All right. Commissioner Spence -Jones: I just want to see this board. I can't see distance today. Oh, it's the same one that's in here. OK. Chairman Gonzalez: All right. Commissioner Regalado: It is in -- Chairman Gonzalez: Yes, sir. Commissioner Haskins: Although this property has Biscayne Boulevard address, the side of it faces Biscayne Boulevard, correct? Ms. Dougherty: That's correct. Commissioner Regalado: It is in Commissioner Haskins' district, butt really believe that the situation in this case is really unique. It's unique because it's an economic hardship. We spend lot of times department budgets trying to bring people to Miami, and then when someone buys a property, it becomes a nightmare, and the only response that it has from the government of the City is "Well, you bought a problem, " and -- you know, it's very difficult to be investor friendly when you have so much to do or to -- not to do, so I don't know, Commissioner Haskins, but I would support the appeal. That's just me, and I would support the appeal because -- anyway, if they're going to build something, they're going to have to build it on historical perspectives, so it would not change. It doesn't mean that there will be a condo there right in the middle of or next to the residential area, so I have yet to understand what is the criteria for being so strict with that particular property, and meanwhile, we should be also very proactive as we are in other areas of the City ofMiami, where historical, although deteriorated properties, are being demolished to give way to other constructions, you know. It is -- Biscayne Boulevard is a landmark. It's the most important road in the United States. The largest road in the United States, so the City has to be very proactive in respecting and protecting, but if at the end of the day, something is going to be built, that would be part of the historic context, I don't have any problem with that. Chairman Gonzalez: All right. Commissioner Haskins: Public hearing. Chairman Gonzalez: District Commissioner. Commissioner Haskins: Is there a public hearing on this? Is there anyone from the public that wants to talk? We never opened the public hearing. Chairman Gonzalez: Oh, I'm sorry. I'm sorry. You're right. This is a public hearing. Anyone from the public. On the appeal, do we open for --? Madam City Attorney, hello. Maria J. Chiaro (Assistant City Attorney): I'm sorry? City ofMiami Page 120 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: On appeals -- Ms. Chiaro: Yes. Chairman Gonzalez: -- are they public hearing also or not? Ms. Chiaro: Yes, it is your policy to take input from the public on -- Chairman Gonzalez: OK. Ms. Chiaro: -- the de novo hearings. Chairman Gonzalez: Very good. All right. This is a public hearing. It's an appeal. Peter Ehrlich: Thank you. Good afternoon, Commissioners. My name is Peter Ehrlich, with residence at 770 Northeast 69th Street. I'm the president of the Lemon City Taxpayers Association, and I'm speaking in favor of the application. This -- it is on -- the property -- Chairman Gonzalez: In favor of the appeal. Mr. Ehrlich: In favor of having this property exempt from the historic -- Chairman Gonzalez: OK. Mr. Ehrlich: -- designation. The property's on the corner of Northeast 59th Street and Biscayne Boulevard, and 59th Street is really an amazing intersection, with a wonderful gateway to Lemon City and Little River, just two or three blocks west, and it's a very nice site, but you know, not the most wonderful building, and obviously, it's a little difficult for the owner to use it, but we're definitely in favor of the MiMo district, and we hope that you'll approve this building being exempt from the -- contributing under the historic preservation. Chairman Gonzalez: Thank you very much. Mr. Ehrlich: Thank you. Chairman Gonzalez: Anyone else? Seeing none and hearing none, I'll close the public hearing, and I'll bring it back to the Commission. Commissioner Haskins: My -- I understand what the HEP Board might have wanted to be -- you know, what they might have been thinking with this building, but as you drive down Biscayne Boulevard -- and what we're looking at is, we want Biscayne Boulevard to maintain its character and encourage redevelopment. I think keeping this particular property as designated to be a contributing building is detrimental to that effort because it's not -- it's -- to me, when you drive down Biscayne Boulevard, it's not terribly contributing to the whole Biscayne Boulevard look and feel. I think that because they're not asking to be taken out, we certainly have another look at anything that might go on this parcel, so I would make a motion to grant the appeal. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion -- Commissioner Regalado: Second. Chairman Gonzalez: -- to grant the appeal and we have a second. All in favor, say "aye." City ofMiami Page 121 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Uguccioni: Thank you. Ms. Dougherty: Thank you very much. Chairman Gonzalez: You're welcome. All right. Let's go to PZ.22. Commissioner Spence -Jones: Twenty-two. Lourdes Slazyk (Zoning Director): Excuse me. Can -- Lourdes Slazyk. Can I get a clarification on the record? On the granting of the appeal for the item you just heard, did you -- are they out of the disfrict or in the disfrict but noncontributing? Commissioner Haskins: They're not contributing. Chairman Gonzalez: They're not contributing. Ms. Slazyk: OK. Thanks. PZ.22 06-00834ec RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE EASEMENTS LOCATED BETWEEN NORTHEAST 13TH STREET AND NORTHEAST 15TH STREET AND HERALD PLAZA AND NORTHEAST BAYSHORE DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 06-00834ec Public Works Analysis.pdf 06-00834ec Planning Analysis.pdf 06-00834ec Zoning Map.pdf 06-00834ec Aerial Map.pdf 06-00834ec Application & Supporting Docs.pdf 06-00834ec ZB Fact Sheet.pdf 06-00834ec ZB Reso.PDF 06-00834ec CC Legislaion (Version 2).pdf 06-00834ec CC Exhibit A.pdf 06-00834ec CC Fact Sheet 09-28-06.pdf 06-00834ec CC Fact Sheet 10-26-06.pdf 06-00834ec Submittal Letter Greenberg Traurig.pdf 06-00834ec CC Fact Sheet 11-09-06.pdf LOCATION: Approximately Between NE 13th Street and NE 15th Street and Herald Plaza and NE Bayshore Drive [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser and Knight-Ridder, Inc., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. City ofMiami Page 122 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 PLAT & STREET COMMITTEE: Recommended approval on March 2, 2006 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on June 26, 2006 by a vote of 7-1. *See supporting documentation. PURPOSE: This will allow a unified development site for the City Square Retail Major Use Special Permit. CONTINUED A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue items PZ. 22, 23, 24, and 25 to the City Commission meeting currently scheduled for November 9, 2006. Chairman Gonzalez: PZ. 22. Commissioner Haskins: Before we get -- begin a lot of discussion on this item, what I would like to know is the last time we met, there was supposed to be discussion between the developer and people from the Venetia, and what I'd like to be able to do is get an update on how those discussions progressed. Lucia Dougherty: I'd be happy to do that, but the people who were in those meetings are not here because the Chairman said that this would be taken up at 4. If you want to take, though, the num -- item number 22, which is the alley closure for the retail thing, we could do that now, and then if you could wait until 4 o'clock for the rest of the matters. Chairman Gonzalez: It all depends on what the Commissioner wants to do. Commissioner Haskins: That's fine. Hs. Dougherty: OK. Chairman Gonzalez: Do you want to do that? Commissioner Haskins: Yeah, that's fine. Chairman Gonzalez: All right. PZ.22. Roberto Lavernia (Chief of Land Development): PZ.22 -- for the record, Roberto Lavernia, with the Planning Department. It's the closing, vacating, abandoning and discontinuing for public use the easement. This is part of the commercial portion of the project that was approved in the previous Commission. The Planning Department is recommending for approval and the Zoning Board recommended approval on June 26. Chairman Gonzalez: All right. Hs. Dougherty: This is a -- this is the commercial area that you approved at -- the last time for City Square, the retail portion. There is currently a emergency access and utility easement that runs through the site, and we're seeking a vacation of this easement, and in return -- in our public purpose is to actually -- and let me just show you this one, so here is the rendering of the portion, and so what it is, it's the easement that actually kind of runs right through the parking garage, and in return for the vacation of -- and closure of this site, the developer is paying for the Cesar Pelly Circle, the curb gutter creation of the Cesar Pelly Circle, and this public walkway through Herald Plaza right through the building, so this is a pedestrian/public walkway City ofMiami Page 123 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 right through the building in return -- I think that the amount of money is about two and a half million dollars for that mitigation of closing the emergency access easement. Chairman Gonzalez: Is that it? Ms. Dougherty: Yes, sir. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Yes. Steve Hagen: Steve Hagen, 725 Northeast -- Chairman Gonzalez: I'm going to -- Mr. Hagen: -- 73rd Street. Chairman Gonzalez: Excuse me a minute. -- allow each speaker two minutes to address all the items. That's the policy that we have maintain all day long in every single project in every district, so you're welcome. Mr. Hagen: I don't know whether this is a good plan or not. I do know -- I believe, and correct me if I'm wrong, that DBZ [sic] is supposed to be doing a master plan for our whole urban core, is that correct? Does anybody know? Commissioner Regalado: Lucia. Chairman Gonzalez: I hope so. Ana Gelabert-Sanchez (Director, Planning & Zoning): DPZ (Duany Plater-Zyberk) is working on the Miami 21, and it would be a rezoning code. Yes. Mr. Hagen: Do we have -- Ms. Gelabert-Sanchez: It includes (UNINTELLIGIBLE). Mr. Hagen: -- a master plan for our urban core? Ms. Gelabert-Sanchez: There's the downtown master plan. Mr. Hagen: Does this fit into the master plan? Ms. Dougherty: The answer is yes. Ms. Gelabert-Sanchez: I -- I'm not -- on the master plan? I'm not sure what your question is (UNINTELLIGIBLE). Mr. Hagen: When was the master plan last updated? Commissioner Regalado: The master plan was done a long time ago -- Ms. Gelabert-Sanchez: The downtown -- Commissioner Regalado: -- long before -- Ms. Gelabert-Sanchez: -- yeah, the down -- City ofMiami Page 124 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Regalado: -- downtown boom. Mr. Hagen: Well, this is what I'm -- I'd like you to address today. When the Bicentennial Park Charrette happened, people were coming to that meeting talking about more than just Bicentennial Park. They wanted to look at the entire urban core of what our city is to function like five and ten and fifteen years down the road, and people in that meeting were looking at the Herald property. They were looking all along our waterfront. They were looking at greenways connecting into Overtown. They were looking at the cultural thing -- the cultural Performing Arts Center. They were looking at all the facilities that we have in downtown, and they wanted to know how does all this fit together, and it seems as though this Commission and the City keeps going along with individual projects with no context as to where they're supposed to fit and how it's all supposed to function together, and so I ask that this be set aside until we look at the entire project -- the entire -- our entire urban core and how this fits into it. Ms. Dougherty: In response, this -- Chairman Gonzalez: Thank you very much. Ms. Dougherty: -- project has already been approved. Chairman Gonzalez: All right. Ms. Dougherty: It was approved at your last meeting. Chairman Gonzalez: Anyone else from the public? Nina West: Nina West, 3690 Avocado Avenue. I'm the chair of the parks committee for Miami Neighborhoods United. I'm going to -- perhaps the Commission is not aware, but the Governor and the Legislature have instituted the Century Commission to give relative planning for the entire state to talk about waterfront sustainability and environmental sustainability, housing sustainability, The Mayor of Hialeah sits on the commission; people from all over the state are on this commission, and we do not have a representative. They are going to meet in -- they're taking public input now by computer, and they're going to meet on the 19th and 20th of November. They're talking about this type of thing for the entire state of Florida, and I am asking that this item and all related items for the waterfront be deferred until we take a look at what's being done all around this state. People from FIU (Florida International University) sit on this Commission. There are critical plans and planning things going on now, and nobody from the City ofMiami is involved, whereas the entire state is involved, from Palm Beach County, from everywhere, and I think that we ought to take a look at this and have community input. We have a master plan coming from Goody Clancy for connectivity on the par -- downtown waterfront, and we have to think about the city as a whole. I applaud the Commission, the Mayor for doing -- for thinking about Miami 21, for hiring these consultants, and for all that type of thing, and I would like all of these items deferred until we take a look at what the Century Commission is doing. Commissioner Haskins: Are you asking for a moratorium on all development along the waterfront? Ms. West: No. We're talking about this particular project, at this particular time. I don't think - Commissioner Haskins: Would any other project along the water fit that same chara -- Ms. West: I think -- City ofMiami Page 125 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Haskins: -- criteria for you? Ms. West: -- what has already been -- have development orders and that type of thing would not necessarily fit this, but they're talking about sustainability for the next 25 and 50 years for the entire state of Florida, and I think we ought to at least take a look at it. It isn't going to be very far away, and we have a wonderful Planning Department. We have wonderful consultants. We've paid an enormous amount of money for all of this, and we have to see where we fit in. Commissioner Haskins: I have a -- I'm confused, because I don't understand. We just had a zoning change that was not objected to by anyone that was much closer to the water than this parcel, right across from Margaret Pace Park. Ms. West: I'm not talking about this specifically. I'm talking about the items as a whole -- Commissioner Haskins: Well, that -- Ms. West: -- not 15th Street. Commissioner Haskins: -- I'm talking -- this is in the same area. This is within a few hundred feet, so I'm not really sure that I understand what you're asking for. Ms. West: But I guess it didn't have any shoreline attached to the whole-- in other words, you're looking at item 14, and I'm saying -- I'm here to speak to you -- on 14th Street -- and I'm here talking about this property as a whole property, which includes a waterfront at the other end of 14th Street. Commissioner Haskins: Our issue right now is the vacation of an alleyway. The item was already approved. The development was already approved -- Chairman Gonzalez: It's already approved. Commissioner Haskins: -- in the last Commission meeting. Chairman Gonzalez: Right. Commissioner Haskins: All this is -- all this item is is a vacation of an alleyway. Ms. West: I understand, but I'm asking the Commission to take a look at the Century Commission -- Chairman Gonzalez: All right. Ms. West: -- and what it's doing for the rest of the state. Chairman Gonzalez: All right. Ms. West: That's what I'm asking. Thank you. Chairman Gonzalez: You exceeded your time. Anyone else? Yes. Good afternoon. Patricia Mayor: Good afternoon, Commissioners. Patricia Mayor, 555 Northeast 15th Street. I just have some questions, if someone, Lucia, can put up the board. The teal -colored areas there, is that 14th Street now? City ofMiami Page 126 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Dougherty: Well, no. It is -- 14th Sfreet is -- actually doesn't exist and -- Ms. Mayor: I'm not interested in that diagram, but the other one. Ms. Dougherty: Well, this is important, too, because this is current 14th Sfreet right here, which doesn't exist. It's a private access easement. It doesn't exist on plat. It's not a public street. It is private. This is an emergency access easement. It is not an alleyway. It's not a -- it's an emergency access easement, so what we are proposing in the new plan is to have this pedestrian walkway that we will be providing to the public on what used to be 14th Street. Ms. Mayor: So where is -- where can cars drive through? Ms. Dougherty: They can't drive here. They can only drive here. Ms. Mayor: So they will only be able to drive on North Bayshore Drive, correct? Ms. Dougherty: Correct. Ms. Mayor: And they will not be able to drive on Northeast 14th Street, east to the water? Ms. Dougherty: Correct, which, right now, they wouldn't be able to -- the Miami Herald wanted to close it down. Ms. Mayor: Right now Northeast 14th Sfreet, between -- Ms. Dougherty: From here to here is a private -- Ms. Mayor: -- North Bayshore Drive and Herald Plaza Street is a four -lane, spectacular road with double rows of mega palms, correct? It is; I live there. Ms. Dougherty: I'm not describing -- I mean, you know, it's -- yes, it is what it is, and we're not changing that. Ms. Mayor: So if that area with the teal -- Ms. Dougherty: Correct. Ms. Mayor: -- you will not be able to drive through this project at all from North Bayshore to Herald Plaza, correct? Ms. Dougherty: Correct. You will be -- this will be a pedestrian movement only. Ms. Mayor: OK. Once more, you will not be able to drive from North Bayshore to Herald Plaza, at all, at any portion of this project? Ms. Dougherty: Correct, because this is -- Ms. Mayor: So the City's about to -- Ms. Dougherty: -- the project (UNINTELLIGIBLE) -- Ms. Mayor: -- give the developer a four -lane road that's magnificent between North Bayshore Drive and Herald Plaza. Ms. Dougherty: There isn't a four -lane road. This is a private street that any time the Miami City ofMiami Page 127 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Herald wants to close it off it could do so. Ms. Mayor: Well, I'm just trying to understand it. I'm not necessarily -- Ms. Dougherty: (UNINTELLIGIBLE) be confused. This is not a four -lane street. Ms. Mayor: Where is the street then? Ms. Dougherty: That you're talking about is from Biscayne Boulevard down to North Bayshore Drive. Ms. Mayor: Where is 14th Street from --? Ms. Dougherty: Right here. That's the only 14th Sfreet because 14th Street does not exist here. Ms. Mayor: Fourteenth Sfreet -- Chairman Gonzalez: All right. Ms. Mayor: -- exists. Chairman Gonzalez: Wait, wait, wait, wait, wait, wait, wait. Commissioner Haskins: Patty, I think what -- Chairman Gonzalez: Excuse me. Commissioner Haskins: -- I'm hearing is that -- Chairman Gonzalez: Excuse me, excuse me, excuse me. I have said from the beginning I'm allowing two minutes to each speaker. This back and forth, and is it or it's not, is it or is it not needs to stop. Is it a four -lane road? It's not. It's a private road, right? That's the answer. I mean, because what happens is -- like I've been saying all day long, we're going to have a long meeting here after 5 p.m., and I'm going to give the speakers two minutes each. IfI allow anyone to speak more than two minutes, then I'm going to be called a racist, I'm going to be call injustice, I'm going to be -- so I want to maintain the order of the meeting at two minutes per speaker. I guess your questions has been asked. Ms. Mayor: No. The developer assured me -- Mark Siffin assured me we would be able to drive from North Bayshore Drive to Herald Plaza on 14th Street, which is four lanes -- Chairman Gonzalez: OK, and that is not -- Ms. Mayor: -- so where is that sfreet on the project -- Chairman Gonzalez: -- the case? Ms. Mayor: -- that is open? Where is the street that is open and at what point did we give them the street? Ms. Dougherty: That was probably 15 years ago. Ms. Mayor: This sfreet is open now. Ms. Dougherty: I know. It doesn't exist, though. It's open to the public because the Herald City ofMiami Page 128 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 wants to let it be open, but it doesn't belong to anybody but them. It's a private piece of property. It's not even a street. It's a private piece of property. Commissioner Haskins: Mr. -- Chairman Gonzalez: If the Herald would have wanted to close the road at any time, they would have close it. Vice Chairman Sanchez: Long time ago. Chairman Gonzalez: It's their right -- Commissioner Haskins: Mr. Chairman. Chairman Gonzalez: -- because they own the land. Commissioner Haskins: Mr. Chairman. Ms. Mayor: Thank you. Chairman Gonzalez: Thank you, ma'am. Commissioner Haskins: Mr. Chairman. Chairman Gonzalez: Yes, ma'am. Commissioner Haskins: This item -- this goes back to my original statement. I am concerned, Lucia, honestly. There has not been a satisfactory dialogue between -- Ms. Dougherty: No. We have -- Commissioner Haskins: -- the developer -- Ms. Dougherty: -- dialogue -- Commissioner Haskins: I -- there has not -- Ms. Dougherty: This is a different issue. Commissioner Haskins: -- satisfactory dialogue between the residents of the Venetia and the residents of this area. There are misunderstandings still. I really asked for good sit-down sessions. We can have a member of my staff attend those sessions so that I can be satisfied that it's really happening. Over the last month, I've been CC'd (Carbon Copied) on e-mails (electronic mails) asking for meetings. I've not responded to them, but that -- meetings were being asked for. I would move that we continue this item till the November 9 meeting. Vice Chairman Sanchez: What? Did you make a motion? Commissioner Haskins: Um -hum. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. City ofMiami Page 129 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Ms. Dougherty: Thank you very much. Chairman Gonzalez: So what are we doing with the rest of the --? Commissioner Haskins: I would make a motion that we -- it's PZ.23 is the next one. Chairman Gonzalez: 22, 23, 24, and 25. Commissioner Haskins: That we continue all items to the November 9 meeting. Chairman Gonzalez: All right. We are -- we have a motion to defer all the items until November 9, right? Unidentified Speaker: Have we heard PZ.18? Commissioner Haskins: And I want to make sure that they're -- that everyone sits down and talks, and a member of my staff be present at those discussions. Chairman Gonzalez: I believe it is very important that this happens because there have been -- you know, there -- we had two meetings in reference to the Miami Herald. We had one meeting that it lasted until 9 p.m. or 9:30 at night. Then we had another special meeting. We call a special meeting to discuss Miami Herald at 1 o'clock in the afternoon, and it lasted until about 8:30 at night. I mean, how much discussion does it have to take to decide on an issue? I mean, it's either yes or no. Commissioner Haskins: Commissioner Regalado looked this young when it started. Chairman Gonzalez: Right, you know, so I'm glad that you -- Commissioner Regalado: I am -- Chairman Gonzalez: -- you're sending them back -- Commissioner Regalado: -- giving money to the City, taking the passports -- Chairman Gonzalez: Yeah -- Commissioner Regalado: -- pictures. Chairman Gonzalez: -- so all the items have been deferred until November 9, and at that time, I hope we can finalize the Miami Herald itemd. Priscilla A. Thompson (City Clerk): Chair -- Ms. Mayor: Could I --? Ms. Thompson: Chairman. Chairman Gonzalez: Yes. Ms. Thompson: I'm sorry. Chair, ifI might. I want to make sure that my record is clear, City ofMiami Page 130 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 because I have PZ. 22 listed as an individual item, and then PZs.23 -- Chairman Gonzalez: PZ.22 has been defer. Ms. Thompson: OK, and 23, 24, and 25 -- Chairman Gonzalez: 23, 24, 25 -- Ms. Thompson: -- have -- Chairman Gonzalez: -- all have been defer. Ms. Thompson: By one motion, one vote? Commissioner Haskins: By one motion, one vote. Chairman Gonzalez: One motion, one vote. Ms. Thompson: To 11/9/06? Commissioner Haskins: Yes. Ms. Thompson: Thank you. Chairman Gonzalez: Yes, ma'am. Ms. Mayor: Could I make a constructive request on this issue -- Commissioner Haskins: I would -- Ms. Mayor: -- of 14th Street? It's very -- Commissioner Haskins: -- like you to deal -- Ms. Mayor: -- specific. Commissioner Haskins: -- with the developer, and I would like you to sit, face-to-face -- Ms. Mayor: OK. Commissioner Haskins: -- and discuss your interests. As a Commission [sic], I'm not going to weigh in. I want the neighbors and the developers -- Ms. Mayor: No. I just -- Commissioner Haskins: -- to work this out, so -- Ms. Mayor: I'm concerned that we need a legal opinion about this easement. That's all. I'd like the City -- Commissioner Haskins: Whatever you need -- Ms. Mayor:--Attorney's Office to help. Commissioner Haskins: --from the City. If you need an opinion from the City Attorney, then City ofMiami Page 131 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 communicate with the City Attorney's Office or the City Manager, or the appropriate -- Maria J. Chiaro (Assistant City Attorney): Excuse me. Commissioner Haskins: -- party to get that opinion. Ms. Chiaro: Commissioner, as you know that, the opinions issued from the Office of the City Attorney are issued at the request, per Charter and per Code, of the Commissioner. Commissioner Haskins: That's fine. Communicate with my office on the request -- Chairman Gonzalez: And then you (UNINTELLIGIBLE). Commissioner Haskins: -- and I will request. PZ.23 06-00383Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY ONE HERALD PLAZA - PARCEL 3, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-003831u - PAB Fact Sheet.pdf 06-003831u - PAB Legislation.pdf 06-003831u - PAB Application Documents.pdf 06-003831u - Analysis.pdf 06-003831u - Concurrency Report.pdf 06-003831u - Comp Plan Map.pdf 06-003831u - Zoning Map.pdf 06-003831u - Aerial Photo.pdf 06-003831u PAB Reso.pdf 06-003831u CC Legislation.pdf 06-003831u & 06-00383zc Exhibit A.pdf 06-003831u CC Application & Supporting Docs.pdf 06-003831u CC FR Fact Sheet 06-22-06.pdf 06-003831u Submittal.pdf 06-003791u CC FR Fact Sheet 07-27-06.pdf 06-003831u & 06-00383zc Clarifying Application Documents.PDF 06-003831u CC FR Fact Sheet 09-07-06.pdf 06-003831u Application Page 2 Replacement.PDF 06-003831u and 06-00383zc Miami Herald.pdf 06-003831u and 06-00383zc Miami Today.pdf 06-003831u and 06-00383zc Memo Luft Consulting, Inc..pdf 06-003831u and 06-00383zc Conceptual Aerial View.pdf 06-003831u CC SR Fact Sheet 10-26-06.pdf 06-003831u CC SR Fact Sheet 11-09-06.pdf City ofMiami Page 132 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 LOCATION: Approximately One Herald Plaza - Parcel 3 [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder, Inc., Owner and the McClatchy Company (Publicly Owned) as Successor in Interest FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS: Platting is required. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor of the plan to the City Commission on May 17, 2006 by a vote of 4-3. See companion File IDs 06-00383zc and 06-00383mu. PURPOSE: This will change the above property to Restricted Commercial for the proposed Herald Square - Parcel 3 Major Use Special Permit. CONTINUED A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue items PZ. 22, 23, 24, and 25 to the City Commission meeting currently scheduled for November 9, 2006. [The minutes for item PZ.23 are located under item PZ.22.J PZ.24 06-00383zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2" LIBERAL COMMERCIAL TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY ONE HERALD PLAZA (PARCEL 3), MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 133 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 06-00383zc Analysis.pdf 06-00383zc Zoning Map.pdf 06-00383zc Aerial Map.pdf 06-00383zc ZB Application & Supporting Docs.pdf 06-00383zc ZB Fact Sheet 04-10-06.pdf 06-00383zc ZB Fact Sheet 04-10-06.pdf 06-00383zc ZB Reso.PDF 06-00383zc CC Legislation (Version 2).pdf 06-003831u & 06-00383zc Exhibit A.pdf 06-00383zc CC Application & Supporting Docs.pdf 06-00383zc CC FR Fact Sheet 06-22-06.pdf 06-00383zc Submittal.pdf 06-00383zc CC FR Fact Sheet 07-27-06.pdf 06-003831u & 06-00383zc Clarifying Application Documents.PDF 06-00383zc CC FR Fact Sheet 09-07-06.pdf 06-00383zc Application Page 2 Replacement.PDF 06-003831u and 06-00383zc Miami Herald.pdf 06-003831u and 06-00383zc Miami Today.pdf 06-003831u and 06-00383zc Conceptual Aerial View.pdf 06-003831u and 06-00383zc Memo Luft Consulting, Inc..pdf 06-00383zc CC SR Fact Sheet 10-26-06.pdf 06-00383zc CC SR Fact Sheet 11-09-06.pdf LOCATION: Approximately One Herald Plaza (Parcel 3) [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder, Inc., Owner and the McClatchy Company (Publicly Owned) as Successor in Interest FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS: Platting is required. ZONING BOARD: Recommended denial to City Commission on May 8, 2006 by a vote of 4-2 by virtue of the fact that Section 62-93 of the City Code requires five (5) favorable votes for the approval of any item before the Zoning Board. See companion File IDs 06-003831u and 06-00383mu. PURPOSE: This will change the above property to SD-6 Central Commercial -Residential District for the proposed Herald Square (Parcel 3) Major Use Special Permit. CONTINUED A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue items PZ. 22, 23, 24, and 25 to the City Commission meeting currently scheduled for November 9, 2006. [The minutes for item PZ. 24 are located under item PZ.22.J PZ.25 06-00383mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT City ofMiami Page 134 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE HERALD SQUARE - PARCEL 3 PROJECT, TO BE LOCATED AT APPROXIMATELY ONE HERALD PLAZA, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 649-FOOT, 63-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 495 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 96 HOTEL ROOMS, APPROXIMATELY 3,391 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 601 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 135 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 06-00383mu - PAB Fact Sheet.pdf 06-00383mu - PAB Analysis.pdf 06-00383mu - Zoning Map.pdf 06-00383mu - Aerial Photo.pdf 06-00383mu - Projects in Vicinity.pdf 06-00383mu - Traffic Sufficiency Letter (2.6.06).pdf 06-00383mu - IDRC Comments (1.31.06).pdf 06-00383mu - UDRB Resolution (1.18.06).pdf 06-00383mu - School Board Comments (1.11.06).pdf 06-00383mu - Aviation Comments (1.3.06).pdf 06-00383mu - Public Works Comments (12.23.05).pdf 06-00383mu - PAB Legislation.pdf 06-00383mu - Exhibit A.pdf 06-00383mu - Exhibit B.pdf 06-00383mu PAB Reso.pdf 06-00383mu - Front Cover.PDF 06-00383mu - Inside Cover.PDF 06-00383mu - Table of Contents I to III.PDF 06-00383mu - I App A Letter of Intent.PDF 06-00383mu - 1 Project Information A to J.PDF 06-00383mu - 1 App A Letter of Intent.PDF 06-00383mu - 1 App B Major Use Special Permit, Change of Zoning and Land Use Cha 06-00383mu - 1 App C Zoning Write Up.PDF 06-00383mu - 1 App D Zoning Atlas.PDF 06-00383mu - 1 App E Project Data Sheet.PDF 06-00383mu - 1 App F Warranty Deed Computer.PDF 06-00383mu - 1 App G Ownership List.PDF 06-00383mu - 1 App H State of Florida Documents.PDF 06-00383mu - 1 App 1 Owner's Authorization Letter.PDF 06-00383mu - 1 App J Directory of Project Principals.PDF 06-00383mu - 11 Project Description.PDF 06-00383mu - III Supporting Documents Tab 1 to 6.PDF 06-00383mu - III Tab 1 Minority Construction Employment Plan.PDF 06-00383mu - III Tab 2 Traffic Impact Analysis.PDF 06-00383mu - III Tab 3 Site Utility Study.PDF 06-00383mu - III Tab 4 Economic Impact Study.PDF 06-00383mu - III Tab 5 Survey of Property.PDF 06-00383mu - III Tab 6 Drawings Submitted.PDF 06-00383mu - 1 App A Letter of Intent Replacement.pdf 06-00383mu - 1 App B MUSP Application Page 2 Replacement.pdf 06-00383mu Clarifying Application Documents.pdf 06-00383mu CC Analysis.pdf 06-00383mu CC Legislation.pdf 06-00383mu CC Fact Sheet 10-26-06.pdf 06-00383mu CC Fact Sheet 11-09-06.pdf LOCATION: Approximately One Herald Plaza [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder, Inc., Owner and the McClatchy Company (Publicly Owned) as Successor in Interest City ofMiami Page 136 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS: Platting is required. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 17, 2006 by a vote of 4-3. See companion File IDs 06-003831u and 06-00383zc. *See supporting documentation. PURPOSE: This will allow the development of the Herald Square - Parcel 3 project. CONTINUED A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue items PZ. 22, 23, 24, and 25 to the City Commission meeting currently scheduled for November 9, 2006. [The minutes for item PZ.25 are located under item PZ.22.J PZ.26 06-00614mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE SAWYER'S WALK PROJECT, TO BE LOCATED AT APPROXIMATELY 152 AND 218 NORTHWEST 8TH STREET, 249 AND 263 NORTHWEST 6TH STREET AND 160 NORTHWEST 7TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A FOUR -BUILDING MIXED -USE DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 133 FEET TO 142 FEET TO BE COMPRISED OF APPROXIMATELY 1,050 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 75,000 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,587 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 137 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 06-00614mu - PAB Fact Sheet.pdf 06-00614mu - Analysis.pdf 06-00614mu - Zoning Map.pdf 06-00614mu - Aerial Photo.pdf 06-00614mu - Projects in Vicinity.pdf 06-00614mu - UDRB Reso (10.19.05).pdf 06-00614mu - Traffic Sufficency Letter (10.6.05).pdf 06-00614mu - School Board Comments (9.26.05).pdf 06-00614mu - Public Works Comments (9.14.05).pdf 06-00614mu - Aviation Comments (9.13.05).pdf 06-00614mu - IDRC Comments (8.23.05).pdf 06-00614mu - PAB Legislation.pdf 06-00614mu - PAB Exhibit A.pdf 06-00614mu - PAB Exhibit B.pdf 06-00614mu PAB Reso.PDF 06-00614mu - Front Cover.PDF 06-00614mu - Letter and Table of Contents A to Q.PDF 06-00614mu - A Letter of Intent.PDF 06-00614mu - B Application for a Major Use Special Permit.PDF 06-00614mu - C Zoning Write-up.PDF 06-00614mu - D Legal Description.PDF 06-00614mu - E Aerial.PDF 06-00614mu - F Zoning Atlas Page 23 & 36.PDF 06-00614mu - G Project Data Sheet.PDF 06-00614mu - H Warranty Deed(s) and Property Tax Information.PDF 06-00614mu - I Ownership List and Mailing Labels.PDF 06-00614mu - J State of Florida Corporate Documents.PDF 06-00614mu - K Directory of Project Principals.PDF 06-00614mu - L Project Description.PDF 06-00614mu - M Minority Construction Employment Plan.PDF 06-00614mu - N Sufficiency Letter and Traffic Impact Analysis.PDF 06-00614mu - 0 Site Utility Study.PDF 06-00614mu - P Economic Impact Study.PDF 06-00614mu - Q Site Plans for Property including Survey and Photos of Property.pdf 06-00614mu CC Legislation (Version 2).pdf 06-00614mu CC Exhibits A & B.PDF 06-00614mu CC Fact Sheet.pdf 06-00614mu PowerU_Presentation3.ppt 06-00614mu Submittal Minority Construction Plan.pdf 06-00614mu Submittal Minority Participation Requirements.pdf 06-00614mu Submittal Letter White and Case.pdf 06-00614mu Submittal Draft Environmental Assessment.pdf 06-00614mu Submittal E-mail.pdf 06-00614mu Submittal.pdf 06-00614mu Submittal Memo.pdf 06-00614mu Submittal Corporate Overview.pdf 06-00614mu Submittal Response to allegations.pdf 06-00614mu Submittal CD 1.pdf 06-00614mu Submittal CD 2.pdf LOCATION: Approximately 152 and 218 NW 8th Street, 249 and 263 NW 6th Street and 160 NW 7th Street [Commissioner Michelle Spence -Jones - District City ofMiami Page 138 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of the City of Miami, Community Redevelopment Agency FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 21, 2006 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow the development of the Sawyer's Walk project. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado R-06-0641 Direction by Commissioner Spence Jones to the City Manager to work with James Villacorta, interim executive director of the Community Redevelopment Agency (CRA), to create a resolution allocating $5 million from the proposed CRA bond to increase the number of low-income and affordable rentals in the Overtown community, to be brought before the CRA Board at the CRA meeting currently scheduled for Monday, October 30, 2006. Chairman Gonzalez: Mr. Fernan -- I'm sorry. Mr. Lavernia. Roberto Lavernia (Chief of Land Development): Yes, sir. For the record, Roberto Lavernia, with the Planning Department. This is a consideration of a Major Use Special Permit for the Sawyer's Walk project, located at 152 and 218 Northwest 8th Street, 249 and 263 Northwest 6th Sfreet, and 160 Northwest 7th Sfreet. It's going to construct a four -building mixed -use development, ranging in height from 133 feet to 142, to be comprised of approximately 1,050 total multifamily residential units, with recreational amenities, approximately 75,000 square feet of retail space, and 1,587 total parking spaces. The recommendation of the Department is approval with conditions. Regular condition that we put in the Major Use, except number 11, with our design review conditions that I'm going to read for the records: A, pedestrian sidewalk realm shall remain at a consistent height throughout the project; B, the pedestrian sidewalk area shall be maintain with a consistent recognizable pattern, which shall continue across the vehicular entrance in order to give dominance to the pedestrian realm over the vehicular areas; C, a wall mural or other art work shall be placed along the west elevation above the proposed retail store on Northwest 3rdAvenue. This shall provide for review and approval by the Planning director prior to application for any building permit; and D, eliminate the residential entrance on Northwest 6th Street and consolidate it with a residential and commercial entrance, located at Northwest 3rdAvenue; E, provide habitable ground level space on the south side of Northwest 6th Street. Thank you. Chairman Gonzalez: Thank you, sir. Mr. Fernandez. Ben Fernandez: Good evening. Chairman Gonzalez: Good afternoon, sir. Mr. B. Fernandez: Good afternoon, Mr. Chair, members of the board. Ben Fernandez, 200 City ofMiami Page 139 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 South Biscayne Boulevard, here on behalf of the applicant Crosswinds Communities and the Southeast Overtown/Park West Community Redevelopment Agency, who's the applicant. With me is Mr. Bernie Glieberman, the president of Crosswinds, Mr. Ehrlich Crain, vice president; Mr. Matthew Schwartz from Crosswinds, Robert Behar and Javier Font, our project architects, Mr. Tony Jackson ofA.L. Jackson, company accountants; our economic consultant, Mr. Mark Coates, who's part owner and principal of the project, Mr. Steven Lefton (phonetic), our landscape architect, and as well as my partner, Jeff Bercow. Before I begin, I just want to incorporate for the record all of the testimony from the UDRB (Urban Development Review Board) presentation on this application, as well as the Planning Advisory Board hearing on this application. This application is the culmination of a joint effort between the CRA (Community Redevelopment Agency) and Crosswinds Communities, which began almost three and a half years ago. Crosswinds Communities was founded in 1971 and is one of the leading residential builders in the United States, with projects in Michigan, Illinois, Indiana, Arizona, California, Texas, and other states. The company has been named one of the most admired builders in the United States by Big Builder Magazine in 2004, and it's a company that's responsible for major projects, such as the Woodward Place in Detroit that help bring residents back into the downtown Detroit area. The property that's the subject of this application is approximately 12 acres in size, and it's comprised of almost four city blocks, located in Overtown, between the Overtown Meforail Station and I-95. Overtown, sadly, is one of the least populated residential areas in the City, and this site, in particular, has been vacant for almost ten years, and despite the fact that the area is designated for high -density residential development, your Comprehensive Neighborhood Plan designates it restricted commercial, but within the Southeast Overtown/Park West area, there's a bump up in density of 300 units to the acre, which is what the City is encouraging is high -intensity development near the downtown center, near the major employment centers, et cetera. Despite the fact that the property is designated that way, and that it's been zoned SD-16 and SD-16.1, the property has remained vacant for some time. The intent provisions of SD-16 specifically state in the opening paragraphs that high density, high -- rather high -intensity development is encouraged with direct access to shopping, recreation, transportation, and employment, and that's exactly what this project is providing. You can see from the context exhibit over here that there are some major projects. For instance, directly abutting this site is a 17-story office building that was recently developed right next to the Metrorail station. There's also a 20-story building that was approved just to the north of the project, as well as really a plethora of employment centers within the area. For the record, I just want to state that the CRA, of course, is the applicant in the matter because they are the owners of the property, and the property is the subject of a development agreement, where Crosswinds has agreed to provide a combination of workforce and affordable housing together with retail space on the site. This mix of uses and of incomes, we believe, is going to create a inclusionary development that's going to help bring residents back into the Overtown area, and it's the type of project that the City has been frying to get to really come to fruition on this site since 1979, when the Overtown redevelopment and the stationary redevelopment plan was initially approved, and you're going to hear a little bit more about that in just a few minutes from Mr. Jack Luft, your former Planning director, who will be speaking to you in just a few moments. The project itself is comprised of four buildings that range between 12 to 14 stories in height, and they're developed along a plaza, which is Sawyer's Walk, also known as Northwest 7th Street. In total, the project is going to provide 1,015 new residential units and 75,000 square feet of commercial space. The overall focus of the project is to create home ownership and housing opportunities for individuals with incomes ranging from 40,000 to $95, 000, and it's anticipated that the initial price of these units is going to be between 165,000 and $325, 000. A total of 160 of the units will be affordable units between 80 to 120 percent of median income, and then 50 units will be set aside for subsidized, low-income families which are less than 80 percent of the median income. The residential units are -- include live/work townhomes, located along the plaza, as well as a mixture of studio and one- and two -bedroom units with recreational amenities provided within each of the buildings. As I mentioned before, you can see from the context plan that this project is going to be located within major work employment centers within downtown Miami. It's also significant to note that the project is going to be the first major private investment in Overtown City ofMiami Page 140 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 in over 50 years, and it's going to give and provide extensive minority employment and training, as well as generate over $7 million in annual and tax increment funds for neighborhood reinvestment. The project is not only consistent with the Comprehensive Neighborhood Plan, but it specifically furthers many of the objectives within the plan thatHr. Luft is going to be also addressing in just a moment. The project has been recommended for approval by the Planning Advisory Board, by the UDRB, as well as by the Planning Department. We're familiar with all the conditions of approval, and we accept all of the conditions of approval. The project is also variance free, and that's important for you to note, because I think that one of the things that you will hear from the opposition tonight is that this project should have required a variance and that it should have gone to the Zoning Board, and the reason that the opposition is saying that is simply because when we first filed this application, it included a request for a variance that staff initially said was required. However, staff did not have the benefit of reviewing this project. The Zoning administrator did not have the benefit of reviewing this project. It was filed without the benefit of review from upper level staff and there was an interpretation made with respect to a Code provision that staff will confirm today was not correct. The project does not require a variance because the provision of the Code that says that lot coverage needs to be 70 percent within the site only applies to tower portions of structures, not to parking podiums, and that's clear from Section 616.8.4.3 of your Zoning Ordinance where the ordinance states that no such tower shall occupy more than 70 percent of the net lot area of the property, and it's clear, you will see as we go through the plan, that the tower portion of this project does not exceed 70 percent of the net lot area, and at this point, I'd like to ask Mr. Luft to simply expound on the reasons why SD-16 is written that way, to only apply to tower portions of projects. He's also going to speak to you about the objectives of the plan, et cetera. Thank you. Jack. Jack Luft: Jack Luft, 1717 Windward Way, Sanibel, Florida. The SD-16 ordinance was written after the original Park West/Overtown plan was developed in the 80s. The concern was that to compete with waterfront and bayfront high-rise, high -density development. It was important to preserve views from the towers of these projects through to the east and to the south. The ordinance had an unusual provision that you won't find in other districts, and that was a tower spacing formula that was predicated upon a minimum footprint for the tower. The idea was to provide the residents within those towers with as optimal a view corridor as possible, and so the ordinance was written to preserve that. It was not for ground level views, but for views from the tower. Everything was couched in terms of a tower footprint. The -- I -- should I go into that analysis or not, Ben? Do you want me to wait till -- for that or no? Mr. B. Fernandez: I'm sorry? Mr. Luft: Do you want me to go into the analysis of that or no? OK The Section 1703 and 1305 of the Code requires that this Commission consider several criteria and standards in its review of the application for approval of a Major Use Special Permit. I've prepared a memorandum to introduce into the record that provides a detailed analysis and review of each of the criteria of both 1703 and 1305, and 1305.2, and addresses my findings with respect to the compliance of this project with those standards. It's a seven page memo. It would take a great deal of time to go through it specifically, so what I'm going to try to do is summarize for you, with the graphics. I want to begin by stressing one thing. The standards and the objectives that are in the Omni Rede -- or the -- excuse me -- the Southeast Overtown/Park West Redevelopment Plan are developed over a 30-year period. These are the public hearings that were held just for the plan that was adopted by this Commission and by the CRA earlier in 2003, 2004, and these are the hearings or the plans that preceded that that began in 1973, and through a sequence of plans specifically relating to Overtown, over a period of 33 years, there has been a continuing public planning effort. Now I stress that because all of these plans were conducted in public forums; they were charrettes; they were workshops; they were intensive discussions, and the result of the Omni plan was a distillation of 30 years of planning and policy that reflected what this community wanted. It has, according to the courts, the presumption of validity because of that process. You will find people that will disagree, but that disagreement carries the burden of City ofMiami Page 141 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 disproving the validity that'll cruise through this public process. The standards relate -- and these are standards for all MUSPs in the City -- to a discussion with context. They continually refer to how a project must relate to the context within which it's being built. I want to refresh your memory here. This is an image from your CRA plan. This is a representation of the context development that your plan calls for at this location. This particular area right here represents the planners' and your adopted plan's configuration of what the development is supposed to consist of as a form, as a mass, as an intensity, as a use. This right here is the Overtown station right in here, and these are the consistent -- the development around that station. In addition, a second view from the other direction -- this is the transit light coming here -- and this is the Crosswinds site, which was under develop -- which it had -- already had development agreement on it, so the planners dealt with the project across the sfreet. Significantly, what this says is that this drawing illustrates the development and the stepping down transition of higher density development and higher scaled development to the Folklife Village. This is the Lyric Theater here. This is a 15- to 17-story tower that your plan represents is the appropriate scale and then the transition back. That is the context that we're talking about. The -- these are drawings from the MUSP, and what I've tried to do is I've taken the specific goals and standards or the standards and criteria from your Section 1305.2. It provides for a transition in scale to 7th and 2ndAvenue in the districts, and you can see the buildings and the step-down and the transition in scale that occurs in these drawings just as I have shown you in the representational drawings - - excuse me. I'm blocking everyone here -- in your adopted plan. It shows the contextual consistent with a high -density transit district that is supposed to concentrate development. Now I would remind you that your Comprehensive Plan, in its housing element, states very specifically that the Southeast Overtown/Park West Redevelopment area has a special density exception of 5 - - of 300 units an acre that's from I-395 south and from I-95 east. That particular quadrant has been set out in your Comprehensive Plan for 300 units an acre policy for housing development. Keeping that in mind, this project is less than half of that, but to remind you that these concept sketches assumed these kinds of densities would prevail throughout the area. It shows a minimal (UNINTELLIGIBLE) impact of (UNINTELLIGIBLE) and enhanced pedestrian spaces. The automobile entrances have been confined to the east/west collector sfreets at 6th and 8th, and on 3rd Avenue, which is the (UNINTELLIGIBLE) forl-95. Pedestrians have been concentrated on 2nd Avenue and on 7th Street; 2nd Avenue being the primary link, the main sfreet of Southeast Overtown through the Folklife Village, past the Lyric Theater, and that link has been reinforced as a pedestrian and vehicular, but primarily on a high amenity corridor to connect the areas. It talks about active facades along public sfreets. This is a rendering of the 7th Street/Sawyer's Walk area where retail transparency at grade complies with that criteria, and it talks about human scale at the street edge where arcades line the edge of all the buildings and provide for a step-down scale at the sfreet edge and at the enfrances to the project. These are (UNINTELLIGIBLE) enfrances at the orientation at the corner and the ground level retail shall be emphasized. These are the corner enfrances. All of your blocks between 2nd and 3rd have major entrances at each of the corners to comply with that standard. It meets the landscape design standards. All of the sfreets are landscaped in the upper level. Amenity plazas are landscaped to meet your Code. (UNINTELLIGIBLE) details and colors are consistent with the architectural style. You've had several new buildings, new high -intensity buildings built, dating all the way back to the '80s, with the old Arena Tower and Biscayne View Apartments, as they were originally (UNINTELLIGIBLE) through the new projects that are being built today both east and west of this site, and all of their architectures are modern in style. This is consistent with that. The parking structure has been screened by facing (UNINTELLIGIBLE). No parking structure is visible. From this we have residential and retail uses aligning these structures. The internal service elements and all the mechanical structures have been included within the building and are not visible from any public street. Signage and lighting is all laid out along the perimeter of the retail. This is the 7th Street Sawyer's Walk promenade that links through to the transit station. The County's transit station development is the 17-story structure there that sets the initial context, and this shows how 2ndAvenue has been enhanced through as a linkage to the Folklife Village and the community to the north. The memo that I've provided you provides a detailed review of that. I can tell you that having reviewed this, I would concur with staff that City ofMiami Page 142 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 the project has complied with the standards of the MUSP, and it would merit consideration for approval according to that compliance. Thank you. Chairman Gonzalez: Thank you. Mr. B. Fernandez: Thank you, Jack. Now I would like to have Robert Behar simply walk you briefly through the project. Robert Behar: Thank you, Mr. Chairman, Commissioner. Thank you very much. Robert Behar, Behar Font & Partner, 4533 Ponce De Leon. I'm just going to mention a little bit because Mr. Luft has mentioned a lot of the elements of the building, the project. Something I want to address and emphasize, this project addresses a lot of the issues that are coming out in the Miami 21 rewrite of the Zoning Code. We've been working with your Planning Department, which has been great in -- for the past eight, nine months in coming up to this solution. A couple points I want to bring out to you and -- we have completely lined all perimeter street at ground level with habitable spaces, whether it's retail, townhomes, or the residential mixed -use work/live units, so the entire perimeter of all buildings was completely active environment. We have carried that emphasis second, third, fourth -- all the parking levels where we provide habitable spaces, concealing all parking structure; no visible structure from the garage. We have done it - - brought the building down from the adjacent building that is 17 stories that is already completed or is -- the structure's up, and the proposed 21 story. In addition to that (INAUDIBLE) -story project just to the south, and there's a -- (UNINTELLIGIBLE) there's about a 20-story building. We keep our maximum height between 10 -- 12 and 14, keeping in mind that the pedestal is about four to five stories, depends. What we've done furthermore -- continuation of the Sawyer's Walk up to creating a plaza to give an open space that could be used for activities in that location. Once we pass the pedestal, we have broken the tower elements and created a U-shaped building to create the amenity floors. Now Mr. Fernandez addressed 70 percent. Actually, the calculation is less than 51 percent, so the open space is way below the required. Important -- and I'll show you the elevation -- to remember is that the whole garages are completely concealed. There's no visible garages anywhere. All the pedestrian have activities, liner units, pedestrian movement, and the tower all addresses the street. We don't turn our back to any of the streets, so all four street are being addressed. Vice Chairman Sanchez: All four angles have -- Mr. Behar: Yes, sir. Vice Chairman Sanchez: -- all four angles have -- Mr. Behar: Yes, have liner unit or -- Vice Chairman Sanchez: -- liners? Mr. Behar: -- retail component on the ground floor. Vice Chairman Sanchez: Retail. Mr. Behar: Everything has been addressed. That concludes my presentation. Thank you. Chairman Gonzalez: Thank you. Mr. B. Fernandez: Now I'd like to ask Mr. Tony Jackson to come up briefly to talk to you about some of the economic benefits that the project is going to be providing. Vice Chairman Sanchez: OK. City ofMiami Page 143 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Tony Jackson: Hi. Tony Jackson, 1525 Northwest 167th Street. I have been engaged to calculate the estimated economic -- Vice Chairman Sanchez: Can't hear you. Commissioner Spence -Jones: Can't hear you. Chairman Gonzalez: You need to speak on the mike. Mr. Jackson: -- and tax benefits of the proposed development. Most of the economic impact, of course, come from construction expenditures. These estimates were prepared probably about a year ago, so they are in -- conservative in nature, knowing that the construction expenditures have increased since that time. The total construction expenditures, including direct and indirect, are about 711 million for the project through the construction and development phase, which is the first four years of the project. Of that, 100.5 million represents salaries that will be paid during the project. It's about 740 full-time equivalent positions, paying about $18 an hour, which is about 36, $37, 000 a year. Also significant about this project, the tax increment funds that would be generated as a result. In the first four -- in the development period of the project, tax increment funds of $12.5 million will be generated. Thereafter, there will be tax increment funds of at least $4.5 million going -- extended to $7 million. Now these funds will be used directly for the redevelopment and housing in the CRA (Community Redevelopment Agency) district. Also, there will be ad valorem taxes of over 22 million, so in the total construction and development phase, the first four years of the project, we're talking about $744 million of eco -- of estimated economic and tax benefit, and again, I'd like to emphasize that these projections are probably on the lower end because of these -- a lot of this was prepared a year -- about a year ago. On the annual operation maintenance phase, which is the ongoing operation maintenance, we're talking about a annual economic benefit of about $72 million. A lot of that results -- is a result of the respending [sic] of the -- the business respending [sic] and resident spending. We're talking about taxes of $11 million, so again, for phases I, we're talking about $744 [sic] of economic impact. We're talking about phase II, which is the annual operating and maintenance phase, we're talking about $72 million. Now again, I would like to emphasize that these estimates are probably on the lower end, and even with that, we're talking about a very significant economic and tax impact of this development. Commissioner Spence -Jones: Mr. -- Mr. Jackson: Thank you. Commissioner Spence -Jones: -- I'm sorry. I was going to ask you -- I just wanted to get clarity because you talked about construction -- four years of construction. You talked about the ongoing maintenance part of it, but you didn't really speak to the number of jobs that would probably most likely be created after -- Vice Chairman Sanchez: Is that 740? Mr. Jackson: Yeah. I said -- we're talking 740 -- I'm sorry. I thought I mentioned that. -- FTE, full-time equivalent positions over the four-year period, and again, we're talking about jobs that are paying $18 -- Commissioner Spence -Jones: Yeah. Mr. Jackson: -- an hour -- Commissioner Spence -Jones: You -- I got that. City ofMiami Page 144 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Jackson: OK. Commissioner Spence -Jones: You said four-year period, and I'm -- and that's to build the project. Mr. Jackson: Right. Commissioner Spence -Jones: I'm clear on that. I'm more concerned about the -- once it's built - Mr. Jackson: Right. Commissioner Spence -Jones: -- how many jobs will come after that. Mr. Jackson: We're talking about an estimated 40 jobs in the annual operation maintenance phase. Now this is -- we're talking about only operating the different adminisfrative offices of Crosswinds. We're not talking about the other jobs that other employers or any businesses may hire. We're talking about those that we can depend on. Commissioner Spence -Jones: So this has nothing to do with -- the 40 jobs that you're speaking of are the 40 jobs from -- is basically from an adminisfrative standpoint. It's not from the 75,000 Mr. B. Fernandez: Of retail. Commissioner Spence -Jones: -- square foot retail -- Mr. B. Fernandez: Correct. Mr. Jackson: Right. Commissioner Spence -Jones: -- portion of it -- Mr. Jackson: Yes. Commissioner Spence -Jones: -- so there's additional jobs that would come from the retail space. Do we have an estimate, Ben or Tony, on what we're talking about that could be estimated from the retail -- Mr. Jackson: No. I don't -- Commissioner Spence -Jones: -- portion of this? Mr. Jackson: -- have an estimate of what those are. Commissioner Spence -Jones: OK. Chairman Gonzalez: But I -- Mr. B. Fernandez: But -- Chairman Gonzalez: -- tend to believe that, in addition to the retail jobs and the 40 jobs, there should also be -- and quite a few jobs -- City ofMiami Page 145 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Jackson: Yes, sir. Chairman Gonzalez: -- that deals with maintenance and upkeeping [sic] of this project, right? Mr. Jackson: Right. These -- that -- those are the -- when I say administrative, I mean the operation -- Commissioner Spence -Jones: He included those. Mr. Jackson: That's what I mean in that 40. Chairman Gonzalez: OK. Mr. Jackson: What is not included are the different businesses that may operate out of that -- Chairman Gonzalez: No, butt mean the upkeeping [sic] and the maintenance of the entire project, you know, when I'm talking about the other businesses and -- you know -- Mr. Jackson: Right. Chairman Gonzalez: -- the other buildings and everything. Mr. Jackson: Yes, yes. We're talking a significant amount more. Yes, sir. Commissioner Spence -Jones: All right. I just -- that was the -- that's a very big question, and it has really always been a very big question for me because, at the end of the day, a lot of those entry-level type positions are very important for a lot of the local Overtown residents, so my question, you know -- and I don't know -- Mr. Luft: IfI may try to answer it. Commissioner Spence -Jones: Sure. Mr. Luft: Jack Luft. The typical calculation for retail employment is from a low of -- or excuse me -- from a high of I employee for every 250 square feet to an average of about 1 to 500; that's for the on -site employees. Each of those businesses then generate suppliers and vendors, and that's usually a multiplier of two to three -- Mr. Jackson: Right. Commissioner Spence -Jones: OK. Mr. Luft: -- so just divide your square footage by 500, if you want to be conservative, and then multiply that times two or three. Commissioner Spence -Jones: Can -- so -- is that -- can I get a number? Mr. Luft: Square footage was 150,000? Mr. Jackson: Yes. Commissioner Spence -Jones: All right. I know you didn't expect me to add that up. Chairman Gonzalez: How many? City ofMiami Page 146 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Jackson: Four fifty. Mr. Luft: About 400 -- about four -- Mr. Jackson: About 450. Mr. Luft: -- 450 jobs with a multiplier -- Commissioner Spence -Jones: About -- Mr. Luft: -- full- and part-time. Commissioner Spence -Jones: -- 450 -- Mr. Jackson: Full- and part-time. Commissioner Spence -Jones: -- jobs that could possibly come from -- Mr. Luft: With a full occupancy of the retail and commercial services on site, and then a multiplier for vendors and suppliers about two to three -- Mr. Jackson: Two to three, right. Mr. Luft: -- times that. Commissioner Spence -Jones: OK. Mr. B. Fernandez: Thank you, Tony, and lastly, we'd like to ask Mr. Mark Coates to come up from Crosswinds to just talk to you a little bit about specific benefits to the community for this project. Mark Coates: Good afternoon, Chairman and Commission -- Chairman Gonzalez: Hi. Mr. Coates: -- Commissioner Spence -Jones, the district Commissioner. My name is Mark Coates. I'm at South Florida Urban Consultants, one of the partners in the Sawyer's Walk project, along with Crosswinds. We have here today with us the CEO (Chief Executive Officer), Mr. Bernie Glieberman, is here. (UNINTELLIGIBLE) come up around the back in here. Tirso San Jose, the head of the Florida operation, Mr. Ehrlich Adrian [sic], who is the vice president of Crosswinds, and also, Matthew Schwartz, the urban development director. Just want to take a few moments and just say congratulations to Commissioner Spence -Jones and to the Mayor of this city for finally understanding that Overtown is a place that is highly misunderstood in terms of its representation; it's sort of like the book called A Tale of Two Cities, one gives the whole truth, the other, just half of the truth, or it sounds like another book, The Scarlet Letter; baby out of wedlock and trying to keep the identity of the baby hidden, nevertheless, making sure that the baby's taken care of. We know that Overtown, since 1960, has lost a whole lot ofAfrican Americans, and I'd like to put this on the record, Commissioner Spence -Jones. They were middle-class blacks. They were police officers. They were schoolteachers. They were doctors, and then there were some who were of the lower strata. Overtown cannot continue to be misunderstood, in terms of who it belongs to. We're here to make sure that we stop allowing what I consider to be poverty pimps to continue to stunt the growth of what's going on in Overtown. Being a middle-class African American, having a sister who just -- Chairman Gonzalez: Quiet. City ofMiami Page 147 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Coates: -- moved from 1844 Northwest 5th Place, after 20 years working at the State Attorney's Office -- Janice Jones had to move my two nieces and nephew to Richmond Heights because the kind of housing that they were looking for could not be found in Overtown, just as Mrs. Williams, who's here today, has been there for 47 years in Poinciana, where they were promised that middle-class and workforce housing would return to Overtown. Additionally, there's been a collaborative effort of the City and the County to bring about more affordable housing. We've saw the House of Lies and the things that are existing even now in Liberty City. Nothing can get done until someone decides to do it. I want to commend you, Commissioner Jones [sic], for not only looking out for the middle-class and the well-to-do African Americans, but also those who are from the lower strata who may not have the income to do so, but you, I believe, with the leadership that you've given thus far, understand that the only way things can get better is that there be a mixed -use community, and so what I say to you today is that there are middle-class African Americans who are police officers, who are in the transit building that is going up just adjacent to this property, who are looking to come back to the days of old of Overtown to the middle-class environment that they so desperately deserve. Lastly, the dilemma in the City and in the County simply says that there is a major problem as it relates to addressing workforce housing. Anyone knows that when workforce housing goes, so goes financial stability and even communities, so I believe that this project will address not only workforce housing -- Commissioner Spence -Jones, who, if you would, took the orange and squeezed every bit that could be squeezed out to make sure that it was not only workforce housing, but even some additional affordable housing, and even attainable housing for all those who desire to come to Overtown, and I do want to say, in closing, that let us not make any mistake about Overtown. There are those of us who are middle-class African Americans who desire to do business in Overtown, who desire to see it look like other places that are around the City ofMiami, and the only way that can be done is somebody has to step forth and do it, and Crosswinds is providing that avenue. I ask Mr. Bernie Glieberman to come now. Bernard Glieberman: Thank you, Commissioners, the public. We are very honored to be -- Chairman Gonzalez: We need your name. Mr. Glieberman: I'm sorry. Bernard Glieberman, 41050 Vincenti Court, Novi, Michigan. We are very honored to be chosen as the company to develop Overtown. This -- it's been a interesting challenge, and very rewarding to get as far as we've gotten so far. I think that the architects, the planners, the City people, everybody has been -- worked -- has worked very hard on this, and there's been an evolution of design over the three and a half years that we've been working at it. We did have a meeting with some of the stakeholders today, and I would like to read -- this is some of the things that we're doing, and this isn't inclusive of everything, but there were certain things that we did discuss today, and number one, one of the issues was is to partner and/or support minority -owned financial mortgage company participation with lending process; to collaborate with the Overtown Folklife District community developers for affordable housing and economic development opportunities; to partner and/or support a neighborhood full -service property management entity participation in the project; to strengthen linkage with workforce development intermediaries to allow for skills and employment training program; to make multiyear contribution to the Overtown Folklife Village District Improvement Association for operational support; to make contribution towards Lyric Theater operations; to develop tenant counseling and housing finance programs for Overtown residents in cooperation with MMAP (Metro Miami Action Plan) and other subsidy programs; to support locating parking within the area. Now these are not all the issues. This was just a group of issues that we want -- that we talked about this morning just to have an understanding on some of the things that were necessary to be a good partner, and there are many other issues that, of course, we will be supportive in developing of Overtown. Chairman Gonzalez: Thank you, sir. City ofMiami Page 148 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Glieberman: Thank you. Chairman Gonzalez: Mr. Fernandez, does that conclude your presentation? Mr. B. Fernandez: That concludes our presentation. We'd like to reserve some time for rebuttal. Thank you. Chairman Gonzalez: All right. Now we're going to open the public hearing. Could you lower the boards so I can see the public, please? Vice Chairman Sanchez: But -- Chairman Gonzalez: And -- Vice Chairman Sanchez: -- leave that one close by. Chairman Gonzalez: All right. As I was -- as it was stated earlier, I'm going to allow two minutes to each speaker. What I would like to do to expedite the process -- because I know that many of you want to speak and we want to hear all of you, you know, all of your opinions and your concerns -- I would like you to line up on both podiums so one person speak in this podium and then another person will speak in the other podium, and we will move from one side to the other of the chambers so we can hear everyone that wants to speak on this item. The time is limit to two minutes. I ask you and I beg you to please stay within your two minutes because I don't want to shut anybody's mike. That's not a decent thing to do, and I will hate to have to do that, so please help me on staying within your two minutes. Thank you, and let's proceed. Yes, sir. Charles Elsesser: Mr. Chairman and members of the Commission, my name is Charles Elsesser. I'm an attorney with Florida Legal Services, 3000 Biscayne Boulevard, Miami, Florida 33137. I'm here representing Power U Center for Social Change and a number of individuals, many of whom will be separately presenting evidence tonight. I'm also presenting written evidence and argument, which I -- is similar to the argument that we presented at the Planning commission. I'd like to incorporate the evidence and the testimony at the Planning commission in today's -- Chairman Gonzalez: Give it to the City Clerk -- Mr. Elsesser: Thank you. Chairman Gonzalez: -- and let me -- I need to be fair. The attorneys on the developer's side had Ms. Thompson: Thirty-five minutes. Chairman Gonzalez: -- 35 minutes, so how much time --? Mr. Elsesser: I think about six, seven minutes, Your Honor -- or -- Chairman Gonzalez: OK. Mr. Elsesser: -- sir. Chairman Gonzalez: You have the -- Mr. Elsesser: Thank you. City ofMiami Page 149 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: -- because I want to be fair. You know, you're representing the group -- Mr. Elsesser: Thank you. Chairman Gonzalez: -- you should be allowed more time. Mr. Bercow: Mr. Chair. Chairman Gonzalez: Yes. Mr. Bercow: Jeff Bercow, on behalf of the applicants. I just want to object, for the record, to the written briefs prepared by Mr. Elsesser on behalf of Power U on the grounds of relevance, and I don't know if your expert witness is here, Dr. Vos. Mr. Elsesser: Dr. Vos presented his declaration at the Planning commission. Mr. Bercow: Well, I understand he was absent at the Planning Board, and you presented it on behalf of him. I -- Mr. Elsesser: And the -- Mr. Bercow: -- object to any introduction of papers from Dr. Vos because he is being presented as an expert witness. He is not here for us to cross-examine him, so I would ask that that information be excluded. Thank you. Chairman Gonzalez: Mr. City Attorney, help me out on this. Mr. Elsesser: And I was -- Chairman Gonzalez: Let's keep the meeting quiet. Mr. Elsesser: -- by maybe -- Chairman Gonzalez: Let's keep the decorum on the meeting. IfI have any outbursts -- once again, I want to be polite. I want to be fair to everyone, but if people start making noises, then I'm going to ask the sergeant at arms to please remove you out of the chambers, so let's keep the meeting quiet. Let's conduct a good meeting, peaceable meeting. Everyone will have the opportunity to speak their mind, but please, let's keep it quiet. Mr. Elsesser: The -- Chairman Gonzalez: Mr. City Attorney. Mr. Elsesser: -- if I may just say -- Jorge L. Fernandez (City Attorney): Yes. With regard to the proffer and the objection to the same, I will -- having not seen it, I can tell you that I will instruct the Commission, when they're ready to deliberate, to give it only the weight that it would deserve. If it's expert testimony and the expert has, in fact, not appeared in front of you to be able to be cross-examined, then there is no validity to that. Chairman Gonzalez: Disregard it. Mr. Fernandez: As a proffer, it can be submitted into the record -- City ofMiami Page 150 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: OK. Mr. Fernandez: -- and can travel with the record, but it would not have any weight or any bearing on your deliberations. Chairman Gonzalez: All right. Mr. Bercow: Our objections are noted for the record. Mr. Elsesser: OK. Mr. Bercow: Thank you. Chairman Gonzalez: All right. You may -- Mr. Elsesser: Thank you. Chairman Gonzalez: -- give it to the City Clerk. Mr. Elsesser: Yes. Chairman Gonzalez: You may proceed, sir. Mr. Elsesser: On behalf of my clients and as set out in more detail in the written argument, this project should not be granted a Major Use Special Permit. Fundamentally, the Major Use Special Permit requires a determination that this is a good deal for the City, in terms of the economy, in terms of the housing, in terms of the environment, and Crosswinds is not a good deal for the City or for Overtown. It's a bad deal economically, and Section 1703.1 requires that you find that it is a good deal for the economy. The City's giving up a valuable piece of property worth at least $15 million to a private developer for virtually nothing. This property was condemned for public purpose, bought with federal funds, and is now be given -- being given to a private developer, and the City gets no taxes. Now there was a mention that the tax increment is going to be used to finance housing within the redevelopment area. That is news because -- that's news to me because, in the settlement agreement, that tax increment, through 2013, goes back to the development to pay for parking, and that can be extended. What you are getting, essentially, is 15 -- 50 units, affordable, at 80 percent of median; 50 out of 1,050. There are literally hundreds of cities in the United States that have inclusionary zoning ordinances that require 10 to 15 percent;; that'd be 100 to 150 units affordable at 80 percent, just for permission to build, without any subsidy, without any free land, and calling the units at 120 percent of median affordable in the context of Overtown is ludicrous. A hundred and twenty percent of area median income for a family of four is over $67, 000; for a family of three, it's over $60, 000. The current UTD (United Teachers of Dade) bargaining agreement, a teacher who worked for Miami -Dade school district for 22 years makes $62, 000. You are not building -- starting teachers make $34, 000. You are not getting housing for teachers. You're not getting housing for the people that were mentioned that are -- and this is the 120 percent of median housing, not the market rate, and while you're not getting taxes from Crosswinds, you're going to be increasing the taxes for the small landlords, the small businesses, and everybody who doesn't have a homestead exemption because Crosswinds is going to fuel the land speculation and the land values in Overtown. Around Midtown, property values have increased up to 400 percent. Renters are gone; small business has been driven out, and small landlords have been forced to convert to condos because of that increase in taxes. Crosswinds is also a bad design deal. This project is a 12- to 14-story mass dumped in the middle of a low-rise community, a three- to four-story community. Poinciana, which is just adjacent and on the same lot, is a low-rise building. This would bring thousands of high -end residents into the midst of this low -end community with no additional planning. The Zoning Code mentioned by the applicant, 1702.2, City ofMiami Page 151 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 requires that the project integrate itself with the existing community and the uses, as does 1305.3. This project dwarfs the surrounding community and dramatically increases the height for a community of three- or four-story buildings. It -- the project is described, in relationship to the buildings to the east, it is basically being described as part of the downtown to the east. That's where those tall buildings are, next to the Metrorail. It is not being described relative to Overtown to the north. This does not fit with Overtown and should be rejected. It doesn't even fit with your own Zoning Code. We disagree -- there was the discussion of the upper level footprint maximums for heights between 40 and 120 feet. We agree with the initial staff decision that that required a zoning variance, which was dropped without any change in the plans, but most of all, this project is bad for Overtown. The City and the CRA are giving away scarce public land, plus public revenue, and getting very little. Virtually everybody that has looked at this agrees that it will have a serious gentrifying impact on Overtown, raising property values, forcing out low-income renters, just like communities like -- just like what's going on in East Little Havana and Wynwood. The testimony that you will hear tonight, the reports contained in the submission, all underscore that impact. Just look at Wynwood and what's happening in the area around Midtown. The residential component ofMidtown is the same size as Crosswinds; in fact, it's smaller, as it is approved right now. The taxes will go through the roof. Landlords will have to pass that on to tenants, and the tenants who are not in subsidized units will be gone, and those taxes increases will be directly traceable to Crosswinds. The units are not being built for Overtown families. Originally, when this was passed -- when this was before the Commission the last time, there were three -bedroom units. They've disappeared. There are none. They're all now one- and two -bedroom units. Other than the 50 units, there is little here that helps existing - - the existing Overtown residents and much that harms existing Overtown, and that is not just the tenants, but the small businesses, the small landlords, as well as their tenants. According to your Zoning law, 1703.1, the developer was supposed to look at all of this as part of the MUSP (Major Use Special Permit) application. He was required to submit an environmental impact study and a housing impact study as part of that application. They've submitted no environmental impact study and no housing impact study. Your comp plan requires that you look at this impact because a major housing policy is the preservation of existing affordable housing. Your consolidated plan and your own evaluation and review of your EAR (Evaluation Appraisal Report) show that you're not preserving but are losing existing affordable housing. You're supposed to be minimizing that loss, not accelerating it. You've got to look at this and its impact on accelerating the loss of affordable housing. If you do that examination, you will see this is a bad deal. It is costly in terms of revenue, costly to the community, all with little benefit. For all these reasons, we believe that you should deny the Major Use Special Permit. We submitted the same evidence and argument at the Planning commission, but if you've not already had an opportunity to do so, I would urge you to read the submission prior to any decision. Thank you. Chairman Gonzalez: Thank you, sir. No clapping, please. No, please, please. Thank you. Let me -- before you proceed -- is there any other attorney here representing any other of the groups? All right. No more attorneys because I want to give all the attorneys the same amount of time as I'm giving the public. Yes, ma'am. Bernadette Armand: Actually, Commissioner Gonzalez -- Vice Chairman Sanchez: Name. Ms. Armand: I'm not speaking yet. Bernadette Armand, Power U Center, 1633 Northwest 3rd Avenue. I was asking that -- I sent a letter to your office, to Commissioner Spence -Jones office, asking that Power U Center be allowed a short presentation time, and we're asking that the time that -- the 35 minutes the other side got, if we could have a short time to give a presentation as well. I did request that in writing, and we have folks who are willing to give up their time and cede their time instead of speaking (UNINTELLIGIBLE) -- City ofMiami Page 152 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: I didn't receive that request. Commissioner Spence -Jones: The request did come to my office, and I did forward it on to the Chair, and Mr. Chairman, what they requested was, instead of having all the people talk today regarding the item, is to do it in a short presentation -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- so I really don't have a -- Ms. Armand: What -- Thank you. What this will mean is that -- we are requesting 22 minutes, and if -- well, the other side already spoke for 35, and we don't have a whole team of lawyers, most poor communities don't, so I would think that you would open the process a little bit for us, and we don't even need you to give exfra time if you don't want to because we have folks that are willing to cede their time, people who were here to speak and have said we can donate that time to a group, so we're going to use that 22 minutes, if that's -- respectfully. Chairman Gonzalez: All right. Ms. Armand: Thank you. Chairman Gonzalez: Let me -- give me a show of hands of how many people are going to speak. OK, who are the people that are going to be donating their time? Ms. Armand: We have Ms. Frances Jackson, who's donating her time. Eugene White, Mary Butler, James McDonald, Marvin McDonald, Stanley Cohen -- Ms. Thompson: I'm sorry, I'm sorry. Ms. Armand: Oh, I'm sorry. You're getting those? OK. Ms. Thompson: You've got to go slower. Ms. Armand: I'll be happy to do that -- Ms. Thompson: OK. Ms. Armand: -- Clerk. Ms. Thompson: The names -- Ms. Armand: People ceding their time in order for us to have a presentation are Ms. Frances Jackson -- Chairman Gonzalez: OK. Let me ask you, can you shorten your presentation, like to 15 minutes maybe? Ms. Armand: We can -- Chairman Gonzalez: What is it, a video or what is it? Ms. Armand: A little video, yes, and some speaking, and again, we have people to fill that time who can use two minutes, but we -- they have said in advance, you know, we'd like you to use that time, so -- City ofMiami Page 153 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: All right. Are you set up with the video? Are you ready to --? Ms. Armand: We're ready to go. Chairman Gonzalez: OK, go ahead. Go. Ms. Armand: OK, so do you still want me to name those names, Ms. Clerk? Ms. Thompson: If you can give me the list, then you can continue. Ms. Armand: OK, that's fine. I'll give it to you in a sec. Chairman Gonzalez: All right. Ms. Armand: You guys go ahead. Quinn Smith: My name is -- Chairman Gonzalez: I want to -- Mr. Q. Smith: -- Quinn Smith. Chairman Gonzalez: -- make sure that we do due process to everyone. Mr. City Attorney. Mr. Fernandez: Well, the -- interesting that the attorney representing Power U did not represent that, you know, his group was also going to be making a presentation. You know, Power U is engaged in protracted litigation in this case, and they're certainly entitled to make a presentation here, but you know, your ability to limit their time does not have to be necessarily equal to the time that the applicant spent, but you're always very gracious and you extend them all the courtesies -- Chairman Gonzalez: But I want to afford them the time that they need so they can do their presentation, and you know -- Ms. Armand: I appreciate that, Chairman. Chairman Gonzalez: Go ahead. Ms. Armand: They're going to start off. Chairman Gonzalez: You're ready? Mr. Q. Smith: Yes. I'm ready. Chairman Gonzalez: OK, go ahead. Haneef Hamidullah: (UNINTELLIGIBLE), Chairman. Chairman Gonzalez: Yes, sir. Mr. Hamidullah: Will AABC be allowed the same opportunity to speak as Power U about our community because we want to do a presentation? Chairman Gonzalez: All of you are going to have time to speak. City ofMiami Page 154 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Hamidullah: Will we have the same amount of time (UNINTELLIGIBLE) -- Chairman Gonzalez: Well, you know, you -- Mr. Hamidullah: -- since certain people have privileges and -- Ms. Armand: Chairman, just to be clear -- Mr. Hamidullah: -- some people don't have privileges. Ms. Armand: -- we are not actually -- Chairman Gonzalez: You can't expect to ask me to give you 22 minutes each -- Mr. Hamidullah: But you don't know -- if you don't mind -- I'm not frying to -- Chairman Gonzalez: -- unless you want to stay here until tomorrow morning. I mean, you know Mr. Hamidullah: I -- it doesn't matter to me. I just want to see that -- Ms. Armand: Chairman, to be clear, we are not actually asking for exfra time. We have people here who would like to speak but are willing to yield their time, which means -- Mr. Hamidullah: I'd like to see those -- Ms. Armand: -- it's going to be shrunk. We're not actually asking for extra time. Chairman Gonzalez: All right. Mr. Hamidullah: Let me see those people because they might get up and speak. Leroy Jones: The rich people got 35 minutes -- Chairman Gonzalez: The -- Commissioner Spence -Jones: OK, OK. Let -- Mr. Jones: -- so the poor people should be able to get the same. Commissioner Spence -Jones: Mr. Chairman, if you don't mind, because Power U did request this weeks ago, almost months ago, to at least have the presentation, I would like to afford them the opportunity to do their presentation. I would ask the other folks to please -- and I'm asking the developers to please let us allow for them to do this. They did request this in advance, and if there was another group that wanted to have a presentation, they had the same opportunity to do it, so I'd like to respect them asking for their request, Mr. Chairman, to allow for them to do that. Chairman Gonzalez: All right. Go with the presentation. Let's stop debating because we already wasted 20 minutes debating the presentation, so you know, it would have been done by now. Commissioner Spence -Jones: Go ahead. Chairman Gonzalez: Go ahead. Start with your presentation. City ofMiami Page 155 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Q. Smith: My name is Quinn Smith. I'm a second year law student at the University of Miami School of Law. My two colleagues here would like to yield their time so I can present my full presentation -- Chairman Gonzalez: Go ahead. Mr. Q. Smith: -- and it'll be on behind you. We're representing the Community Economic Development and Design Clinic. They're part of the Center for Ethics and Public Service at the University ofMiami School of Law. I will be speaking on the issue of development pressures and the need for low-income housing options in Overtown. As you can see from this map, the majority of land in downtown Miami is privately owned and either developed, under construction, or planned for development. This places a housing pressure on Overtown because there's a lack of land suitable for low-income housing, but what we have here is public land, giving the City a unique opportunity to build beautiful low-income housing. We have done research on exemplary low-income housing projects from across the country and identified four key components. First, meets tenant and community needs. Second, provides rates within reach of all segments in the population. Third, incorporates the local character of the community, and fourth, is beautifully designed. Now when we say meets tenant and community needs, we're talking about the Burnham building in Irvington, New York. The first floor is a public library, while the upper floors provide low-income housing targeted at those earning between 30 and 50 percent of area median income. We're also talking about Winchester Greens in Richmond, Virginia. Developers took note of the fact that a large number of tenants were single mothers and provided on -site childcare, as well as community rooms for adult education classes. There are a number of exemplary low-income housing projects that offer rates within reach of all segments of the population. The environmental assessment prepared by the City ofMiami highlights a number of these. We would like to show you Cedar Forest in Tampa, Florida. Cedar Forest provides rates within reach of all segments of the population because it accepts Section 8 vouchers and targets those units are those earning between 35 and 60 percent of the area median income. In Miami, this means that a family pays a monthly rent of between 475 and $814. The success of this project is illustrated by its beautiful design and its lengthy wait list. Rates within reach of all segments of the population includes those who are disabled and handicapped. Cricket Creek Commons in Philadelphia, Pennsylvania is an example of this. Its units are designed for those who are elderly and handicapped, and its rates are made affordable for them, and third, we would like to show you the Pantages Apartments in Seattle, Washington. It provides rates within reach of all segments of the population because it accepts Section 8 vouchers, targets its units at those earning between 30 and 50 percent of the area median income, and provides units for those who are disabled and elderly. Our third key component is incorporate the local character of the community. When we say incorporate the local character of the community, we're talking about Field Street in Detroit, Michigan. Developers took note of the area and created something that fit in seamlessly with the community. Our fourth point is beautifully designed. We have an excellent example of this here in Miami, mere miles away, at Pinnacle View, where a mural incorporates local artist work. We can see this same idea across the country in Benson, Arizona, where developers took note of the area and designed something beautiful to that area, and we'd like to show you The Views at 270 in Los Angeles, California. It exemplifies our four key components. It meets tenant and community needs, provides rates within reach of all segments of the population, incorporates local character of the community, and is beautifully designed. In conclusion, we would like to say that what we have shown you, we believe, are examples and not exceptions, and go to a key question here today, whether it's possible for low-income housing to be beautiful. We believe that we have shown that it can be. Thank you. Commissioner Spence -Jones: That was short. That's it? Vice Chairman Sanchez: That's it. Is that the presentation? Denise Perry: Yes. City ofMiami Page 156 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Spence -Jones: That's -- Ms. Perry: Oh, no, no. I'm sorry. What was the question? Commissioner Spence -Jones: That was the full presentation? Ms. Perry: No. Commissioner Spence -Jones: Oh, OK. Ms. Perry: No, it is not. Commissioner Spence -Jones: There's another video? Ms. Perry: No. Yes. Commissioner Spence -Jones: Oh, OK. Ms. Perry: We -- it's still going. My name's Denise Perry. I'm with Power U Center for Social Change, 1633 Northwest 3rd Avenue. I'd like to make a couple comments that -- about the life of this project that has lived through Art Teele, Jeffery Allen, Michelle Spence -Jones, all under the direction and support ofMayor Diaz. I question the staying power of this project. Twenty years of no action on this land, and now, with Crosswinds, there's an active manipulation of Overtown to give public property to Crosswinds with no interest or practice in developing for or with low-income community residents. Ironically, two days ago, Michelle Spence -Jones supported an Overtown plan that supports Crosswinds. Ironically, the local representative, Matthew Schwartz Commissioner Spence -Jones: Denise, I'm going to have to say this -- Ms. Perry: -- used -- Commissioner Spence -Jones: -- to you. I have to really -- I mean, I don't -- I'm going to let you make your presentation, but I think you do not need to misrepresent, though, because Michelle Spence -Jones did not say that she supported any -- Ms. Perry: CRA. Commissioner Spence -Jones: OK. -- support any particular project at all, and you're wrong for saying that. Ms. Perry: It was a proposal. Commissioner Spence -Jones: OK, but Michelle -- Commissioner Michelle Spence Jones did not present that she supported Crosswinds project. I have been very clear -- Ms. Perry: The proposal -- Commissioner Spence -Jones: -- from the very beginning -- Ms. Perry: Correct. Commissioner Spence -Jones: -- the proposal was being submitted by the stakeholders and the property owners from the Overtown area, so for you to say that, that's not right. City ofMiami Page 157 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Perry: I'll take it. The Overtown -- let's see, where was I? Ironically, the local representative, Matthew Schwartz, used to work for the City ofMiami over 20 years ago, involved with property being lost by Overtown business owners, about selling their property and then being able to come back when the community redevelops and invited to come back. It never happened, just like all the Overtown promises thus far have never happened. Crosswinds practices are consistent with folks who make false promises. Could you please show the video? An audio -video presentation was made. Ms. Perry: So that closes the video, which highlights where Brush Park is today after Crosswinds began to be the first developer in their community. I'd like to introduce Gwen Mingo, who is a resident of Brush Park. Chairman Gonzalez: Does that conclude the -- your video presentation? Ms. Perry: Yes, of the video. Correct. Chairman Gonzalez: So now we're going into the two -minute time limit. Ms. Perry: The presentation closes after this woman speaks right here, and then we're on two minutes, so we're out -- only at 15 minutes right now. Chairman Gonzalez: How much time are they going to need? Ms. Armand: Four minutes and four minutes. Ms. Perry: Four minutes and four minutes. That's it. Chairman Gonzalez: All right. Go ahead. Gwendolyn Mingo: Good evening. My name is Gwen Mingo. I live in Brush Park, which, like Overton -- Overtown, was known as a historic black community in Defroit, Michigan. Prior to boundary changes -- we had different boundaries, and it included places like Paradise Valley, Blackbottom, and Hastings, and a lot of people know about those all over the world. I've traveled hundreds of miles to be here today, as an obligation and commitment to Overtown, to advise the City gill/Pamirs Commissioners of my firsthand experience since Crosswinds began development in my community. For the past 11 years, residents and businesses of the Brush Park community have elected me to represent and protect their land and property rights. I'm also the chairperson of the Coordinating Council for Community Redevelopment, which represents all 21 Defroit neighborhood citizens district councils. Like Overtown, Brush Park was once a vibrant black neighborhood that had black -owned businesses, entertainment, proud and hardworking homeowners and tenants. Crosswinds came in, made promises that they would help the people by providing a rainbow at the end of development, such as housing and improvements in the environment and quality of life. Once the city selected Crosswinds as a developer, the original residents and citizens district council, which I represent, were shut out and excluded from the planning because there was no intention for them to benefit from or be included in the future of the Brush Park community. As existing Brush Park seniors lost their homes for taxes, Crosswinds acquired land for free or with little obligation from the City of Defroit with years of tax abatements. The city gave Crosswinds 14 to 16 mansions to renovate. Some of them had renovation signs, and you go back and the place was gone. To date, I only think they've renovated one of those mansions, and the rest of them have been demolished. There was no rainbow at the end of the development, no improvement in the quality of life, no improvement in the environment. Residents were tricked and used because of their race, their age, and their income to gain federal funds. Since Crosswinds began development in Brush City ofMiami Page 158 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Park, original residents who were black and not the sellouts, received nothing but day-to-day insecurity, displacement, actual displacement, insecurity of being displaced, I mean, or death. Crosswinds changed street patterns and the design of the historic disfrict and the homes, and where there were two to three families, there would be 20 condominiums residents. The historic disfrict, as originally planned, had been destroyed. What was once a vibrant community was reduced to ashes and rundown remains, tombstone territory, as you could look at that video and see, a ghost town. Then tour buses and groups were paraded through the neighborhood to show how bad it looked and to justify Crosswinds. There has been no timeline to the development. Land has been acquired and banked. Development promised has not happened. There are no rental units, no green space, insufficient parking; units are not large enough or suitable for families with children. Children -- units are not handicap accessible or barrier free, and this employment that they talk about, we've seen none. None of the residents were hired to work, and none of the housing is affordable, and nobody who lives there or lived there can afford to come back or live there. I am the legal spokesperson for the Brush Park community and have lived in Brush Park since Crosswinds began development. During this time, the residents of the Brush Park community and City of Detroit have lodged complaints about Crosswinds. In Brush Park, Crosswinds was given millions of dollars to landscape, improve infrastructure, and develop condos. At the same time, me and the original residents did not receive one penny to repair our homes, and were forced to live on rundown streets with no lights, where properties were burnt down, knocked down, and our friends and neighbors were run out. Outsiders dumped garbage on a regular basis, and there was no garbage pickup or delivery. Like the ashes of our neighborhood, no matter how we fought to show the truth, the true story about what happened to us remained buried in the rubble. In the media, magazines, and papers, we, the people, were used and pimped for millions and our land. All were stereotyped as poor, hopeless, drug -addicted pimps. Rising from the ashes and the remains of the black people, their history, and a history that they contributed to the history of Detroit are condos ranging from 190 to 250, 000, promised to cost 80,000, and an entirely new population of wealthier, mostly white people, where there has not one place -- there's not one place that tenants can live now that 90 percent of the land -- because once they get in there, it's over -- is gone, 90 percent of the people are displaced with no way to return. Those people who have been displaced -- and the -- those people who have displaced, the original residents, have the voting power to remove us, the Citizens District Council, because they have more people than us now, and the right of the original residents to have any input in their future, the future of their homes, and the future of their neighborhoods is gone. I do not wish this fate on your community. Why would you invite a guest into your home with a history of taking people's homes and throwing them on the streets? Members of the Brush Park Citizens District Council and the Coordinating Council for Community Redevelopment have recommended that I come here today to warn the people of Overtown and its Commissioners to vote "no" on Crosswinds for the survival of Overtown, survival of Overtown's people, the history, the historic buildings, and Overtown's existing government. Chairman Gonzalez: Thank you. Ms. Perry: Next and last speaker for the presentation is Brenda Smith, Detroit, Michigan. Brenda Smith: Good evening, City Commissioners, visitors, Overtown residents, and Power U staffers and members. My name is Brenda Smith, and I'm a community activist from the City of Detroit. I've traveled over 1,100 miles to support Overtown area residents and the Power U Center for Social Change in their efforts to prevent Crosswinds Housing Development from building high -income condominiums on the sites discussed this evening. I've worked with the residents of Brush Park in their struggle to save their historically black community from gentrification led by Crosswinds and the City of Detroit. I want to dispute information that you may have been given as relates to the alleged success of Crosswinds Condominiums in Detroit. First and foremost, Crosswinds has not been a friend to the neighborhoods they've entered. They have not fried to complement the existing communities, but rather, to remove those residents, City ofMiami Page 159 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 replacing them with more acceptable ones. In Detroit, Crosswinds has coordinated and submitted housing development proposals without consulting Neighborhood Citizens District Council, as is required in urban renewal areas, pursuant to the state of Michigan Public Act 344. Millions of public dollars, city, county, and state, that were awarded the City of Detroit to eradicate blighted communities in urban renewal areas have been denied neighborhood residents and later reappropriated to politically connected developers, including Crosswinds. Homes and properties within urban renewal areas, including properties of historical significance, mainly Brush Park, were permitted by the City of Defroit to decline to the point that their rehabilitation is no longer plausible, like Overtown. This was allowed to happen to facilitate the transfer of city properties for free to politically connected developers, such as Crosswinds. To add insult to injury, the mayor and Detroit city council stopped mandating that city -owned properties be sold via the competitive bidding process. Clearly, this action by our political representatives denied equal access to Defroit residents, the public, and other developers to purchase and develop city -owned property, such as Crosswinds in Overtown. The result of such devastating collusion by the mayor, city council, planning and zoning committees, was the wholesale removal of residents in Brush Park because of race, class, and economic status, such is the story of Detroit. We currently have a very high population of homeless, substantially diminished rental housing stock, and a profusion of high -income condominiums that are stalled in sales, the same situation that currently exists in Miami. Detroit residents housing needs, like residents in Miami, are being ignored by their political officials, churches, civic, and civil rights organizations. Politicians have all become team players and agents of developers, banks, construction, and real estate industries, specifically Crosswinds, and they have been generously rewarded for their support. Black residents of Brush Park have suffered tremendously. Our political officials in Detroit do not possess the political fortitude and love of their constituents to stand and vote with the people. I'm here in Miami in solidarity with Overtown residents and Power U Center for Social Change to encourage Miami City and County Commissioners to vote "no" on Crosswinds' request to build condominiums. I hope instead you'll propose that the overtime -- the Overtown neighborhood be developed for current residents. I appeal to you to vote "no" on the Crosswinds condominium development proposal inasmuch as you have personally been made aware, by the residents of Defroit, who have been involved with the Brush Park project since 1989 and have lived through Crosswinds' empty promises and destruction of the rich African American history in the area. Thank you for your time and consideration. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: I just have a -- Chairman Gonzalez: All right. Now we're going to go into the two -minute -- Commissioner Spence -Jones: The regular two -minute -- Chairman Gonzalez: -- process. Yes, ma'am. Commissioner Spence -Jones: I just want to ask the two people that just came from Detroit -- that are from Defroit, residents, just so that I have some clarity. One of the things I did over the last 90 days is visited various communities because I really wanted to have a sense of -- before I make any decisions, I like to have -- I don't make decisions in vacuums, and I don't make decisions off emotionalism. That's the wrong thing to do being in this position. You have to make a decision based on what's right. I wanted to -- I actually went to get a chance to visit -- I visited Defroit. I wanted to ask this question. The particular -- you're talking more about Brushwood [sic] Park, right? Ms. Smith: No. I specific -- City ofMiami Page 160 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: We need you to speak on the mike. Commissioner Spence -Jones: OK. Ms. Smith: Sorry. I am specifically addressing Brush Park at this time. Commissioner Spence -Jones: OK. Ms. Smith: However, I am familiar with -- Commissioner Spence -Jones: With Woodward Place. Ms. Smith: -- Woodward Place. I'm also familiar with other Crosswinds projects. Commissioner Spence -Jones: OK. Now this is -- I just want to -- when did you guys get in? When did y'all get in, today, this morning, last night? Ms. Smith: Yesterday. Commissioner Spence -Jones: Yesterday. Did you get a chance to go by the lots that they're talking about? Ms. Smith: Yes, we did. Commissioner Spence -Jones: You did see them? Ms. Smith: Yes, we did. Commissioner Spence -Jones: Do you know what's on them now? Ms. Smith: Yes, we do. Commissioner Spence -Jones: What? Ms. Smith: Nothing. Commissioner Spence -Jones: OK. That's all I had to ask. Ms. Smith: Right. Let me just -- Commissioner Spence -Jones: No. I just -- Ms. Smith: Oh, OK. Commissioner Spence -Jones: -- wanted to ask the question. It was important for me to ask the question. Ms. Smith: Yes. (UNINTELLIGIBLE). Commissioner Spence -Jones: OK. All right. Chairman Gonzalez: All right. Brian Carter: My name is Brian Carter. I stay at 1351 Northwest 1st Court, Miami, Florida, and I'm one of them poverty pimps. I'm also a disabled vet, OK. Now in 19 -- I'm going to give City ofMiami Page 161 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 you a little bit about my background. In 1978, I was making a thousand dollars a week working at Turkey Point nuclear power plant. In 1985, something that happened to me in Vietnam made me a disable vet, and now all I get is social security, poverty pimp, but you understand my point. Just like the Miami Heat, three years ago, you could get a ticket to a basketball game with a Lotto ticket. Try getting in there now. You understand? That's what you're doing to us now, people. Michelle, I like you. I -- but met you before and you told me, "Wake Up, Miami." I woke up. I hope I haven't woken up too late. Thank you. Chairman Gonzalez: Thank you. Yes, ma'am. Beatrice Gilbert: My name is Beatrice Gilbert, 275 Northwest loth Street, Apartment -- Chairman Gonzalez: Madam City Clerk, is the clock working? Go ahead. Ms. Gilbert: OK I was born and raised the majority of my life in Overtown, and so was just about my entire family. I know of the history, the culture, and what it truly means to be a Towner for life. I love my community and the true Towners in it because we make Overtown Overtown. I don't appreciate not being asked in the beginning what think should go on a public land that is written in my -- that is within my community that will affect me, and I really don't appreciate the fact that our tax dollars were used for an environmental study that should have been paid for by the developers. As you know, there is a major housing crisis in Overtown, and as you may very well know, we are also overrun by condos all over Miami. When you have a shortage of low-income housing and an overflow of condos, what should you do with public land? The obvious answer is to build low-income housing. Today -- Tuesday, the Historic Folklife Village plan was revealed, which is not a new plan, but a new packaging of an old plan. We're not here to fight against any low-income housing component of that plan. The problem is a part that is underhanded, dishonest, and not needed, and that part is Crosswinds. You don't need to give land away to Crosswinds in order to build the Historic Folklife Village. On Tuesday, one of the representatives from the CRA admitted that even if we gave away those 50 units, the residents will not be able to keep those residents -- those units because of the maintenance and tax fees. As far as the -- don't -- and just so it does -- no misunderstanding when you say workforce housing, there are -- most Overtown residents do work and do have jobs, and as far as the Commission is concerned, ifyou vote 'yes, "you better prepare yourselves for a battle because we're not just going to give up. We are fed up with the BS campaign promises and a downright disrespect that tells us that you don't give a damn about us. You may not say it, but your actions prove it, and as we all know, actions speak louder than words. Chairman Gonzalez: Thank you. Unidentified Speaker: Thank you. Thank you. Chairman Gonzalez: Leroy. Mr. L. Jones: Leroy Jones, 180 Northwest 62nd -- Chairman Gonzalez: No exceptions to the rule -- Mr. L. Jones: -- Street. Chairman Gonzalez: -- today. Mr. L. Jones: I understand. Chairman Gonzalez: Two minutes. City ofMiami Page 162 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. L. Jones: I understand, Commissioner. Chairman Gonzalez: I know you're a good speaker and you can -- Mr. L. Jones: Right to the point, Commissioner. You know, I was asked why am I here speaking against the Crosswind [sic] project when I don't live in Overtown. Do I have to live in Overtown to care about what happen to Overtown? Chairman Gonzalez: I don't think so. Mr. L. Jones: You know, no, I don't live in Overtown, butt have family that live in Overtown. It's a -- it's small businesses still in business because of my assistance in Overtown. I moved in Overtown when I was nine years old and stayed Overtown until I got sixteen years old, so I do have a history in Overtown, so I am concerned about what happen in Overtown and what happen to the Overtown residents. You know, one of the speakers mentioned that the commercial component to the Crosswind [sic] project is going to create 450 jobs. No way. It's no way possible that project is going to create -- directly create 450 jobs. It's no way, no way possible, so that's misleading. The second thing is, once the construction start, Crosswind [sic] is not going to care about what kind of work ability and skills that the Overtown residents have. It's all about money, so they don't care about work and the Overtown people. They're going to bring their own people in on the highest paying level -- scale, and just peel off a couple of few jobs for low paying scale people for Overtown because, you know why? It's all about a dollar bill. Crosswind [sic] is going to be trying to do that project as quick as possible as it can to save money, and they ain't going to care about the Overtown resident, so it ain't about working the Overtown residents. They going to bring their own people in here to do that project. Yeah, a few jobs going to go to Overtown, but that's it. That's it, and you know what? Once they set aside the little subsidy that they going to do, you know what? Yeah, they going to stay -- be there -- stay there for a year or maybe two, but once them fees kick in, them association fees kick in, everybody that's in there for low income is going to be ran out of there because they're not going to be able to afford it. You know what I mean? Crosswind [sic] is putting three-quarters of a billion dollars in this project, and it ain't about people. It's about dollars, so -- Chairman Gonzalez: Thank you. Mr. L. Jones: -- please take care of the people in the neighborhood. Thank you. Chairman Gonzalez: Thank you. Good speech. Applause. Elsie Hubbard: Good afternoon. Chairman Gonzalez: Let me tell you once more -- Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: -- once more. If we have another outburst -- every time you do that, the speaker has to stop, we have to stop; it's going to take longer. I don't want to have anybody removed from the chambers. Please help me out, OK? Please help me out. Yes, ma'am. Ms. Hubbard: Good afternoon, the City Commission, and the City Manager, and the rest of your staff. My name is Elsie Hubbard and I live at 1610 Northwest 4th Avenue, Apartment 14C. I've been living in that one place for 37 years, and I've been trying to get work out there where they won't throw us out. They built this big restaurant right over the track. Now they done come across the track, but what I'm saying is, senior citizen over there, we don't even have a movie City ofMiami Page 163 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 theater, and the senior citizen cannot afford to pay tax. The place I live, tax gone up, so you know, we got to think about our seniors because one day you all going to be seniors, and I come to all ofyou all because I know -- Chairman Gonzalez: We're almost there. Unidentified Speaker: I'm there. Ms. Hubbard: I know -- Chairman Gonzalez: I'm almost there. Ms. Hubbard: -- that one person can't make a decision for no project unless all ofyou all agree. I had a young man come and say his peoples in his community tax was too high, so he know how I feel. I'm old. We need a steady place where we can live, a decent place. Some of us is left with our grandchildren and children is dead. We don't -- we can't afford -- Florida Power & Light is gone sky high. We can't afford to live. We have medicine -- I take medicine three time a day, so what we need is someone to help look out for the people that been living and worked in Overtown and helped built the roads and thing, and I just appreciate if you all don't vote on that Crosswind [sic] and help us out because we need help where I live at. Thank you very much. Chairman Gonzalez: Thank you, ma'am. You have a nice day. Yes, sir. Joe Billups: Good evening. My name is Joe Billups. I came to Miami in 1960, running from prejudice, adversities, and everything in Alabama. I got here, I ran up on the same thing, butl fought it; worked Coral Gables pick and shovel till I could get a job working with plaster, and they didn't want me to pick up the tools. They said it was white people tools. My tools was wheelbarrow and shovel. I went along with that, and when they go to show at 12 o'clock, I'd grab the tools, and I'd plaster. That's how I learned how to plaster. I'm a professional plaster [sic], a union man, and Mr. Chairman, I want to tell you, I don't think they doing me right and lot of my friends right. I pay just about all of my money, my little disability check, for rent, utility bill, Florida Power & Light, and it's killing me. I need a place to stay myself. I'm with LIFFT (Low Income Families Fighting Together). It's one of the best organizations there ever been in my life, and they are the best of the best. They're working for us. If you was in my shape, they'd be working for you, but look, I need a place to stay and promises and promises -- they want to give me $10 worth offood stamps. What can I do with $10 worth offood stamps? The bag cost $10 what the food be in, so I need help, and I have a good record, working record here. That don't mean nothing. The people look over me. You got people come here tonight, tomorrow, they down there. They got a check, food stamps, a place to stay, everything. They got all that. They won't give -- I was born -- I came to Miami in 1960s. This was a city here, downtown Miami; stayed there 17 years in downtown Miami; stores, department stores, food stores, restaurants, everything. My time about up, but that's about all I got to say. I wanted you to hear me, Mr. Chairman. Chairman Gonzalez: Thank you, sir. Mr. Billups: You're welcome. Chairman Gonzalez: I got your message. Reginald Munnings: It's on me. Chairman Gonzalez: Yes, sir. Mr. Munnings: Mr. Commissioner, my name is Reginald Charles Munnings. I live at 1130 City ofMiami Page 164 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Northwest 2ndAvenue, Apartment 302, Miami, Florida 33136. There are no poverty prince -- pimps in Overtown, only people who desire to live and stay and stick it out there, OK. The ones that leave and come back and circle like buzzards and decide to land and pick the bones of those who are misfortunate, those are the ones who I'm not concerned with, but my point is this: I have lived in Overtown for 50 years. This is my hometown. I was born and raised here. We are in a struggle again to defend -- to define the black community. I remember living through segregation, where we could not leave out of this area. We developed this area, my people, black people. Now I am living through gentrification, where people are being forced out by high prices that will come if this process is set forth. I want to continue living here. I am all for beautification, butt want to be a part of it. Investing in condos won't solve our problems. We need to invest in the people of this community. The City took away our ability to invest in Overtown years ago. When Overtown was at its prime, it was because we invested in each other, not because of big condos. I think that with all the money that has been misappropriated and with your understanding that this area is a vital part of the history of the City ofMiami, we can preserve this area for prosperity and future generations. I ask of you today to be in communion and solidarity with all of the communities of this City. Don't single us out and don't sell us out. Chairman Gonzalez: Thank you. Yes, sir. Mr. Hamidullah: Good afternoon. My name is Haneef Hamidullah. I'm from the family that was born and raised in Overtown, and I'd like to just say something. First of all, I'd like to thank some of the people that really has paid their dues in Overtown, like Ms. Dorothy Fields. I would like to thank Ms. Pinkney. I'm talking people that raised me. I'm 62 years old. I'd like to thank those people that raised me to come out and make a decision that I trust. I frust them, and I really do. I just want to kind of quell some of the noise that people talking about. This is black Overtown, 1958. This is what we looked like. This is us right here. We weren't slumming. We was merchants. We had our own business. Urban renewal took us down. Now we're asking -- you fried it with Town Park. We're not angry about that. You tried what they're talking about already with Town Park. See, some of these people don't know it because most of these people (UNINTELLIGIBLE). I'm talking about what y'all did, the government did. They fried it with Town Park. Now it's time to put back our tourist industry that was disconnected, and I appreciate what the Mayor said because he made that commitment to us when he became Mayor, for us to be patient and give him a chance to be able to do what he said he's doing today, to put the black entertainment Mecca back together. I used to climb out my window -- 601 Northwest 3rdAvenue -- and look at the entertainments going to the Saint Johns. I did. See, some people don't know I live on the corner. I used to come around to Ms. Sawyer's, Gwen, who is dead now, Cherry -- I called her Gwen Cherry -- and sit in her daddy's hotel on 7th Avenue -- 7th Street and 2nd Avenue, called the Mary Elizabeth. Then I go on the top of the Carter Hotel on 9th Street and 2nd Avenue and party. (UNINTELLIGIBLE) that we want to talk about Overtown. Most of the people here, if they go back and ask grandmamma and granddaddy how you got here, they came here. I didn't (UNINTELLIGIBLE) money. I was sleeping under the house because we got -- we paid our rent and our bills because of the Orange Bowl Classic, so I'm saying -- I'm asking this Commission to look at helping us restore our tourist industry. (UNINTELLIGIBLE) of the people here who are professional and entertainer people here that service the tourist industry; the people that worked in the hotels, the restaurants; people drove cabs; the people that may have sat on the corner of 10th Street and 2nd Avenue and sold conch salad, conch fritter, peanuts, and sent two children to college. Now we got a bunch of people in here talking about let's don't do this, let's keep it a poor area. We were black professional people. Chairman Gonzalez: Your time is up. Mr. Hamidullah: Give us our tourist industry back, and let these carpetbaggers who keep coming in here trying to destroy this government -- City ofMiami Page 165 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: Your time -- Mr. Hamidullah: -- show them the door. Chairman Gonzalez: Thank you. Odessa Napper: Hello. My name is Odessa Napper. I live at 675 Northwest 17th Street. I came here in 1978. I been here -- Mr. Hamidullah: That's yesterday. Ms. Napper: -- all my life. I am a Floridian now. Mr. Hamidullah: That's yesterday. Ms. Napper: I'm a mother offour. Being a single mother offour, it was hard trying to take care of your kids and pay your bills too. Overtown have been a blessing to me to where -- when I couldn't get a three- or four -bedroom or a two -bedroom because of the fire -- well, I had to because of the fire safety code. You can only have so many in a room, so I had to get a smaller place -- you know, a bigger place, but the only place I could afford it was Overtown, so if you take that from us, you know, what about single parents, you know, who needs place -- low-income places? OK, I heard what the developer said about, you know, the contractors and all of that making $18 an hours. That mean they going to make like 37,000 a year. We still won't be able to live in there if the minimum is 40,000. Even if you work for them, you won't be able to live there, you know, so what are they putting back into the community? And a lot of them that spoke don't even live here. These people from somewhere else. They ain't even lived Overtown, so how they going to come here and develop? For who? Who are they developing for? It's not for our community. It's for they own, and they spoke of people with vendings [sic], after it's built and everything. Is it guaranteed they going to hire us? No. You know, I have worked as a manager atMcDonald's, still wasn't able -- enough to, you know, for -- to live in a place like that. Now I'm a security guard, you know. Commissioner Charles Bronson, you know, gave me that opportunity. I could make at least 1123, ifI get with Dadeland Security. I still won't be able to live there. Looking at the prices that they have, it's not for us low-income people, and Overtown have been a blessing to us low-income people. Most of the people that was there, when you got a decent paying job, you moved to Liberty City. You got a excellent job, you move to Carol City, but us hard -- well, we work hard, but if we can't afford it, like especially single parents like me, where would I go? What about the ones coming behind me, you know, because we do have a lot of young children having children. You know, they going to need a place. Chairman Gonzalez: Thank you. Ms. Napper: Thank you. Chairman Gonzalez: We got your message. Thank you very much. Yes, sir. Dana Smith: Yes. How you doing? My name is Dana Smith. I used to be a resident because my old boy come from Overtown. I used to live with him. Ozzie Smith was one of the residents like had a store out there, and we did a lot of different things. He used to bring me through there, and like I said, Dana was -- one of the first millionaires that historically built Overtown was named Dana Dorsey, and I know you know that's part of the history of Overtown and over in -- and over here in the Grove, but at the same time, I'm just frying to tell you, it's all good for them to come with they community, whatever they trying to do, but they still don't understand the people in the area is that's who need the help. It's not nothing about who coming to build what and this and that. Half of the people that live over there can't even afford that, but a lot of them City ofMiami Page 166 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 that's coming here and frying to speak against what's going on, they can't even afford it theyself [sic], but they don't even understand what's fixing to happen. They fixing to come and tear down a lot of things that we done built as a whole, as black people. You understand what I'm saying? It's not a structure of who live there. It's a sfructure of the poverty that is there, and a lot of people don't understand it's just nothing but poverty there before anything, and if you don't build the people first, it's not -- it ain't going to work how many condos y'all build around there. It don't -- it's nothing about the condos; it's the people that's living there, and that's what it -- like he say -- I heard somebody say out there you got to crawl before you walk. Y'all fixing to have them running because they ain't even going to be able to afford no condos; nobody in that whole area, so you just telling us basically you going to kick them out anyway. That's what you saying because the tax and everything is going to go up, and I keep hearing this lady back here talking about school and all that. She going to be the main one without nothing, the main one, because she can't afford one right now. I know she can't because she -- that's why she talking so much against it. She can't even afford one right now, if you try to let her get one, and she don't even understand that, and lady, I own my own promotion company. I do most of the promotions down here. I'm the one do a lot of stuff and I ride around and I see what's going on in the community. I ride from here, from Carol City all the way back to the Grove, so I know the sfructure of the people -- Chairman Gonzalez: Thank you. Hr. D. Smith: -- and thank you. Have a nice day. Chairman Gonzalez: Thank you. You too. Yes, sir. James Jones: I'm James, 1701 --1704 Northwest 1st Place. Hs. Thompson: James, what's your last name, please? Chairman Gonzalez: What's your last name? Hr. J. Jones: Jones. Chairman Gonzalez: Jones. Hs. Thompson: Thank you. Hr. J Jones: You're welcome. I want to ask you to vote "no" to Crosswinds. By allowing Crosswinds to develop in Overtown, they will not only make it impossible for low-income -- to find low-income housing for the residents of Overtown, but they will also destroy what we cherish most, and that's our families. I am a victim ofgentrification. I was living on 12th and 1st when Royal Palm, another wealthy developer, bent on profit and not profiting the people, bought the building and eventually forced the tenants out. Not only did I lose my house, butl lost my girlfriend because of the strain and the pressure of this issue. I was angry with -- initially, I was consumed with anger. I was angry with the tenants for giving in so easily. I was angry with the residents of Overtown for not coming to my -- to our defense, and I was, rightfully so, extremely angry with Royal Palm for the lack of compassion for the tenants of that building. I was so angry thought of leaving Overtown, but chose to stay and reverse that anger into a passion committed to seeing that not another resident of Overtown be removed because of idiot developers with questionable integrity. I wanted witness how Power U and other grassroots organizations, for -the -people organizations, are creatively responding to this housing crisis. We are building coalition with one another, providing meals and temporary shelters for those in need and giving the neighborhoods, woefully neglected, a much -- Vice Chairman Sanchez: Oh, I'm sorry. City ofMiami Page 167 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: Go ahead. I'm sorry. Mr. J. Jones: -- needed voice. I also want you to know there's a renewed consciousness of the residents of Overtown. There's a renewed strength, a renewed pride, a renewed sense of unity. A 'yes" vote for Crosswind [sic] will not only top -- tip the balance in favor of the homelessness, but it will also crush, or better yet, be the best of Overtown and its courage resident, so I say, hey, hey, ho, ho, no. Chairman Gonzalez: Yes, ma'am. Linda Watson: My name -- Heather Buchanan: Hi. My name -- Ms. Watson: -- is Linda Watson. Ms. Buchanan: Oops. Sorry about that. Ms. Watson: My address is 1670 Northwest 4th Avenue, Apartment 12A. I've been living in Town Park Village for 1962. We are vote for all of you so you all could help us, and instead of help us, you all is trying to help the Four Winds [sic]. You all frying to do that? No. I sure you all don't want do that. You all is going to help us because we vote for you. The Four Winds [sic], it is known that Miami is the poorest state [sic] of United State [sic], and if it's the poorest state [sic] of United State [sic], how could you all believe that we, as poor, could rent one of those apartment. We couldn't. We don't have that money afford to rent one of those apartment. Instead of that, you all should make houses for us to rent those houses, not condo. We cannot pay condo, pay tax for condo. We cannot afford that. You all is making a big apartment place for people that don't pay rent in 17 Street and 7Avenue, and people that paying rent have to go away. That is not fair, so try to help us. Try, please, fry to help us. Chairman Gonzalez: Thank you. Yes, ma'am. Ms. Buchanan: Hi. My name is Heather Buchanan. First, I want to know ifI can ask all of you one question? I've heard --I was here before, and heard all the builders and all that good stuff about how much money it's going to bring into the community, but like everyone else says, while you're so busy worrying about this economics coming in, you're not worried about the people, where they're going to go, so all -- this is going to take years to do, and that's all well and good, but who's going to find us a place to stay? Who's going to pay our first, our last, and our security? Who's going to do that for us? Who's going to make sure that the people that -- from Hurricane Wilma and Katrina -- look what they doing. I have an old man -- I think you might know him -- Mr. Lee. They told everybody to get out of the building because the roof was condemned, not like they didn't getting paid for it. They did, but you know what he did? He raised the rent 150 freaking dollars on a 70-year-old man -- forget the other people -- no legs, and you so busy worrying about all this economic coming into Overtown, but you got to take care of the people there first. You got to put them someplace first before you start bringing all this other stuff in. Other than that, like the lady said, we put you in office, and we can take you out. Chairman Gonzalez: Thank you. Yvonne Stratford: Yes. My name is Yvonne -- Chairman Gonzalez: Thank you. City ofMiami Page 168 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Sfratford: -- Sfratford. My address is 2534 Northwest -- Ms. Thompson: I'm sorry. I didn't hear your name, ma'am. I'm -- Ms. Sfratford: Yvonne Sfrat -- Chairman Gonzalez: Ma'am -- Ms. Sfratford: -- ford. Chairman Gonzalez: OK. Ms. Thompson: Sfratford. Ms. Sfratford: My address is 2534 Northwest 65th Street, but like I said, my mother always learned me, don't forget the bridge that you had to cross. I was born and raised in Overtown. I remember some of the things that the man was up here was talking about. It was jumping, yes, but you know what? Me and my organization LIFFT, we vote "no" for it. If you want to do something for people, fix it up. Put something that those people over there can afford to live in 'cause the stuff -- You can't make Miami New York, California, and this what you frying to do, but you got to remember, people is poor here. You not going to go to no state and don't find no poor people. It's a lot of sell-outs behind me. Instead of them building up all that mouth they got helping the community to build itself up, all they can do is pull us down, talking about the pimps. That's a long time ago. He talking about the pimps. It's -- that's gone. It's the crackheads now, but help the community. Don't try to destroy it, but like I said, I vote "no." My organization vote "no." Do something for the people, not try to put them out. Chairman Gonzalez: Thank you -- Ms. Sfratford: Thank you. Chairman Gonzalez: -- ma'am. Yes, ma'am. Good evening. Joann Love: Yes. Good evening. My name is Joann Love. I live at 467 Northwest 8th Street, and what I have to say, first of all, is what the first lady said when she got up here, the ones from Detroit. They didn't mention all of what really happened that's going to happen here. They didn't mention about the babies that they burnt destroying property. They didn't mention that the people that they burnt destroying property. They didn't mention none of that, none of that was brought up, period. Why? Because they were black? Yes, because they were black. You plan on burning us out the same way, you know, so let's not do it like that. Half of y'all sitting up there like you're unconcerned. Hey, don't do us like that. Give us the same respect you give your white man, OK? I say "no" to Crosswinds, period. No, no, no, no, Crosswinds because they're for themselves. They're for the rich. They're not going to do nothing for us. They not going to do nothing for us but burn us up and put us out of wherever we are, and so, as far as I'm concerned, Crosswinds can go someplace and stick they head somewhere, OK? Because you're not helping us. They're not helping us. When they come and they say that they going to develop a neighborhood for the Overtown people, you know, but no, that's the part that they want. They want where I live. I live on 8th Street and 5th Avenue. You want that for the condos because my rent is steady going up. Like I said plenty of times when I was at these meetings, I live on a fixed income. My children are grown now. I'm glad of that because ifI had to go out and fry to survive, no telling what -- I'd probably be another statistic, you know? I'd probably be behind bars -- Chairman Gonzalez: Thank you. City ofMiami Page 169 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Love: -- saying, yeah, fight for your rights. Chairman Gonzalez: Thank you. Ms. Love: What rights? Chairman Gonzalez: Ma'am, your time is up. Thank -- Ms. Love: Thank you. Chairman Gonzalez: -- you very much. Yes, sir. Talmadge Frazier: Good afternoon. My name is -- Applause. Mr. Frazier: -- Talmadge Frazier. I live -- Chairman Gonzalez: No clapping. Mr. Frazier: -- at 201 Northwest 7th Street. Ladies and gentlemen, you're asked tonight to make a decision based upon economics. The people here come to you with one who have, one who have not, but why the have nots don't have? Try education. Less than four percent -- I represent that -- of college graduates in the Overtown area. I also am a part of the other part of the 60 percent that don't have a high school diploma. I raised nine children by working everyday. I went back to school and I got my high school diploma. No, I didn't, sorry. I got my college degrees. It's not about black people. It's not about white people. It's about economics. It's about those who went to school and paid the price versus those who did not, and I say we have four to five years before Crosswind [sic] will really be built. That gives us four to five years to get these people educated, to get high school diplomas in their hands. You can't go to Crosswinds and they're looking for a brick mason and you can't (UNINTELLIGIBLE). You don't have the skills. It's not Crosswinds fault that some black Americans in Overtown do not have marketable skills. It is our fault, and we have to address this. We have a program where I work -- I will not mention the name because I'm not representing them. We've been running this program for the last year. Total of people come to that program has been four. Yesterday morning we had two, so you want to bring Crosswinds? No, bring yourself because you don't have the economic tools to better yourself. Look at these children you talk about. When these same children come up in a few more years, they will not have the economic tools they need to survive. Where did their poverty level come from? Their poverty level came from the parents who brought them in this world who did not educate themselves. I ask you to vote for Crosswinds. Overtown has a right to grow. You cannot stand before the economic wheel and wave a white plan of mercy -- a white flag of mercy all the years you stood back and threw a match at gasoline. Thank you. Chairman Gonzalez: Thank you, thank you. Yes, sir. James Hunt: All right. Good evening. My name is James Hunt. I'm a -- Ms. Thompson: I'm sorry, sir. I didn't hear your name. Can you pull up the mike? Mr. Hunt: James -- my name is James Hunt. I'm a retired principal for the Dade County School System, which I gave 43 years. During that time, I was one of the founders and the charter president of the Overtown Optimist. When it started in '77 -- and this is the time Matthew Schwartz was there -- I don't need to give you history about what had happened, but I can tell you some things that maybe you not aware of. In '73, when they came out with Park -- Park City ofMiami Page 170 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 West -- Park East, the idea was that they were going to build high-rises over there across the track -- it was a track there then -- and then they were going to go on the west side, which was Overtown, and they were going to match it, building for building, and this was 1977. They built three high-rises -- they call them the Arena Apartments over there now. The only thing that the City and the developers built on the west side was Sawyer's Walk. That's what came out, and to get that, they got Mr. Sawyer to sell his land that was on the other side of the track and give -- and let them build over there because they knew at that time they were not going to build anything west of the tracks. You don't have to look at -- we're talking about Crosswinds here, but if you look at the number of years that this has been going -- and this is over 40 years -- you can tell what the future is going to be by looking at the past. Crosswind [sic] does not have a good past. None of the other developers -- why? It's because they all came in to make the big bucks, about the Benjamins. Their idea was, we will build you affordable housing after we make our billions of dollars, not before, afterward, and what happened? They go in -- the administrative cost -- if they get $5 million, the administrative cost is going to probably be three hundred and -- maybe half of that because they're going to pay everybody up top first, and by the time they get through with the little money that's going to be given to the community, they don't even finish the projects because they're not going to build any affordable housing, be it four, four hundred, until they get their money out of their (UNINTELLIGIBLE) -- Chairman Gonzalez: Thank you. Mr. Hunt: -- but that is not their land. Chairman Gonzalez: Thank you. We -- Mr. Hunt: Now I'd like to say this to you, last thing. You, as elected officials, have an obligation. You have a chance to make history. Chairman Gonzalez: Right. Mr. Hunt: You have a chance to tear down the houses of lies and to tell the County that the City is not going to continue to lie to citizenry just -- Chairman Gonzalez: Thank you, sir. Mr. Hunt: -- for the Benjamin. Chairman Gonzalez: Thank you. Mr. Hunt: Thank you. Vote "no." Michael Wilson: Hi. My name is Mike Wilson, 250 Northwest 13th Street. I am a contractor. I'm a painter in Overtown, and I am for the project. I think that it would bring economic development into the area, jobs, and a whole slew of opportunities. I understand that my neighbors, those that think that they can't afford it, but they can. It's all about school, education, and I -- I'm kind of nervous. Let me -- Chairman Gonzalez: All right. It's all right. Mr. Wilson: I -- Let me get my thoughts together. Chairman Gonzalez: All right. Mr. Wilson: Because it's -- City ofMiami Page 171 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: Take your time. Mr. Wilson: -- important 'cause we, the people -- you know, I see a lot of things in Overtown, and, you know, y'all guys is going to make a decision that is going to affect, you know, a small -- a pretty -- the community. I understand that it's only two or three blocks, but no one is knocking on the door to build anything in Overtown. I -- for -- I've been there ten years, and I -- as a contractor, as a painter, I may get a contract. It looks good for me, you know, and I urge this body to go ahead and let's go and -- you know, I can, you know, see something in Overtown being built because nothing is being built; no commerce, no one there to spend any money. Who's going to support the stores, the potential stores that can come out of this? Chairman Gonzalez: Thank you. Thank you. You did well. Yes, sir. Jovan Lamb: How you doing? Chairman Gonzalez: All right, sir. Mr. Lamb: Mayor Diaz, it is? I never got to meet you. How you doing, girl? You know you -- right. Let's keep this real. Ms. Thompson: Excuse me. Commissioner Spence -Jones: You got to say your name. Ms. Thompson: I need your name, please. Mr. Lamb: Oh. Chairman Gonzalez: We need your name. Mr. Lamb: My name Jovan Lamb. Chairman Gonzalez: Your address? Mr. Lamb: 660 Northwest 10th Street. I'm a good type of bad guy. I been staying in Overtown 98 percent of my life. I'm a analyst. I sit back and watch things come and go. I've been in and out of the criminal system, so I know a crook when I see one, you know what I'm saying? And I don't appreciate that people that so-called leaders down talk our people, or however you want to call it, black and white. I'm not racist of any kind, unless you hate me. This thing ain't right, man. Let's keep it real, y'all. I mean, it look pretty, it do, but I think it look more pretty -- excuse me, y'all. Hold on. Take pictures like this because that, it just ain't called for. I mean, I mean no harm to the people. I mean, I know y'all really frying and all, and everybody out here frying to get a buck, but everybody is not capable to swing a hammer, you get what I'm saying? Because it was a old lady that once came to me, right, and she said, I want you to clean your room, right, and she said, I'm going to show you how to do it. First you sweep, then you mop. I said, cool, right, cool, so when she went out the door, I was like, why should I have to do all that when I could just mop? So a week later, she came to me and said, did you do the room? I said yeah. She went in there and checked it; found out I did everything wrong 'cause I tried to skip out on some. The moral of that story was just saying we don't need nonsense to get something done. All right. Dale Ayres: Good evening. My name is Dale Ayres. I'm at 201 Northwest 7th Street. I'm a homeowner at Poinciana Village and I live there. I spoke at the first -- I'm with you, honey. The bottom line is, for me, these empty lots that he just now recreated again is what I look at. I bug each -- David Hernandez, I have his cell number. That's your Public Works director -- to clean City ofMiami Page 172 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 up the trash. Has any of you ever lived in a trailer before? I grew up white trailer trash. At least he had a mother that gave a (expletive) about him, at least he did; my mother did not. When I walk down Overtown -- because I work for FIU (Florida International University) because I went back to school on my own and got my master's degree -- I get called "cracker." "You're not a 'Lifer,'" and what I'm doing is passing out flyers to get people into research studies to save them, to learn about HIV (Human Immunodeficiency Virus). When Igo into the businesses, most of them are from -- not African -American descent, but from across the borders, across the seas. When Igo back the next day -- because they promised they would keep the flyer up -- they've ripped it and put the carob, or they put the Budweiser sign back up because that's what they're making their money off of, the addictions that I fought in my previous life by not having someone grow up and take care of me, but the bottom line is, you all don't know me, but my neighbors do, and they're black, white, green, and yellow, but the bottom line is, they've seen me as a resident. They see the work that I've done living there. I have to have two crazy (expletive) roommates just to afford to live there, butl live there, and I will hold Mr. Bernie from Michigan back there -- I'll hold him liable. I will hold him that he does commit the public spaces and to beautify it because, guess what? It's looking right out -- cough. I hope you have the flu, but the bottom line is, I will hold him -- and Matthew Schwartz and I have talked, and our president's talked. The bottom line is we need to do something. Thank you for your time. Chairman Gonzalez: Thank you, sir. Yes, ma'am. Emily Eisenhower: Hi. My name is Emily Eisenhower. I live at 1010 Northwest 11 th Street, in the City ofMiami, and I'm a researcher at FIU. We do social and economic policy, and that includes housing, and I'd like to talk a little bit about mixed -income housing because this development is being built as mixed income housing, and it is possible to do good mixed -income housing developments, and I think we're all in agreement here that we do want to see something on the lot. We want to see a development. We want to see something that will benefit a struggling community, but frankly, I do not see the successful elements of mixed -income housing in this plan. The research that's been done by HUD (Department of Housing and Urban Development) -- US HUD and other research on housing has identified several factors for successful mixed -income developments, and there are examples that exist in other locations around the country. They include, first and foremost, though, community planning, integration of the current residents, assessment of the needs of the community. You cannot simply put a market rate unit with some units reserved for lower income folks in an area and expect that it will be successful and that it will do anything to help uplift the community. It might exist, but that doesn't mean it's going to have a beneficial impact on the community. Other successful projects around the country have included focuses on education, reviving the local elementary school is one example. They have provided services for residents. They include things like community centers and programs that really address the needs of the residents of the community, and these are options that Power U has suggested when they've made their suggestions on this project, so I would ask that the City, the CRA, really consider different options that can be used for successful mixed -income development and not just take this option because it's the one that easily presents itself. Chairman Gonzalez: Thank you. Yes, sir. Ted Weitzel: OK. Applause. Mr. Weitzel: Ted Weitzel, 201 Northwest 7th Street, Unit 401, Poinciana Village. Horace Davis: And Horace Davis, Unit number 216, 269 Northwest 7th Street. Mr. Weitzel: Horace and I are the actual developers of Poinciana Village. We took a little bit of offense to the people that said nothing's been done there in 20 years. I mean, the both of us have City ofMiami Page 173 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 worked like dogs for 20 years, starting in 1988, when the City granted us the development rights for Poinciana Village, and we have worked consistently for -- the 64 units that are now built at Poinciana Village is because of our blood, sweat, and tears, and what no one here seems to realize is, when you started developing in Overtown in 1988, it was a very difficult deal. In fact, one of Horace's main jobs was to go out into the community and find the people that had sold their land to the City and the County and try to bring them back into the project, and it was a difficult job, right, Horace? Mr. Davis: (UNINTELLIGIBLE). Mr. Weitzel: The only people -- I mean, we sent registered letters to every single person. We made personal calls on these people. The only people that came back in to codevelop with us was the Sawyers. Everyone else took their money and ran, and that's why Bill and Bernice Sawyer are still involved to this day. Now, Bill and Bernice, Horace andl, actually invited Crosswinds to come here. We were having difficulty getting the CRA to approve our financing to do our next phases. I mean, we built three phases, so that shows you something. They're all sold. Again, Horace spent a lot of effort going out into the Overtown community, and he did get people in the Overtown community by providing subsidies, mainly for the mortgages, to come back and live in Poinciana Village, so we do have people that bought in Poinciana Village that used to live in the Overtown community, and say -- Sawyers', Horace, andl invited Crosswinds down here, and we're a little embarrassed about the reception that they're getting. They were invited. I mean, we are still their joint venture partners. This is a joint venture. They came in to provide the financing and expertise to help Horace and I finish the project. Horace and I are still involved in it, and I say it's a little embarrassing when they're getting the reception they're getting when we invited them to come here. Chairman Gonzalez: Thank you, sir. You're starting to repeat yourself. Thank you. Mr. Weitzel: Four minutes. Chairman Gonzalez: Pardon me? Mr. Weitzel: Four minutes. (UNINTELLIGIBLE) four minutes. Chairman Gonzalez: OK, go ahead. Mr. Davis: I'm really happy about the positive reaction from the entire community because, when we started -- we completed 12 units in 1989 -- we could not get one person to buy, and today, we have such support --I mean, such positive reaction, andl invite all those who oppose it, why don't we all come together and have this thing done? Because the community needs this effort. We should all come together, put our differences aside, pool ideas, and get this thing done. I ask you to support this project. Chairman Gonzalez: Thank you, sir. Mr. Davis: OK, thank you. Chairman Gonzalez: Yes, sir. Marcos Feldman: Hi. My name is Marcos Feldman. I work for the same research institute as -- at FIU as Emily, the lady that spoke in the same podium right before me, and I live in Wynwood, in the -- Chairman Gonzalez: Where do you -- City ofMiami Page 174 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. Feldman: -- City of -- Chairman Gonzalez: -- reside, sir? Mr. Feldman: 533 Northwest 32nd Street, in Wynwood. I want to draw your attention to some documents that were part of what was submitted by Mr. Elsesser for the record. I want to explain them. Basically, there are some maps in there that -- I've been working on some research over the past eight months -- I'm going to try to be brief-- that shows how certain neighborhoods in Miami, in changing in the associations of the changes in those neighborhoods with development, and I used census data to basically show that, if you look in the '90s of the neighborhoods that gentrified, it's very clear that development catalyzes and lays the course for gentrification, and census data indicates that there is a displacement effect that goes on. Given this -- given that we know what comes from development, I just read in the paper recently some of the positive things that Crosswinds and this project is attempting to give back to the community. There's concessions in there, including low-income housing and so forth, a number of those things, but I find it a little bit disingenuous -- and with no disrespect. We know what development leads to. -- to be speaking of some sort of a positive community -oriented development project is a bit disingenuous. Commissioner, you said you've done research on this stuff. We know that that's not what these development projects do. We understand what's being tried to be done in Overtown. The neighborhood wants to be changed. It's been labeled "blighted," and it's frying to be turned over for a very specific purpose, which is to change its character, so it's a bit disingenuous to present it was we're mitigating gentrification by including these things in it, so I would like to just close my statement by asking you -- you all, as the Commissioners, what do you think we're getting out of this? What do you hope to get out of this project? What do you see from what they're telling you? All of the assumptions that go into their economic impacts analysis, I think you understand, just as well as I do, that these things need to be taken with a grain of salt, so I -- Chairman Gonzalez: Thank you. Mr. Feldman: -- close, what do you really think we're getting back from this? Chairman Gonzalez: Thank you. Yes, good afternoon. Raissa Fernandez: Hi. Good evening. My name is Raissa Fernandez, and I represent the kids in this community because nobody has talked about the kids in this community. I have a small business -- Chairman Gonzalez: What is your address? Ms. Fernandez: It -- Chairman Gonzalez: What is your address, ma'am. Ms. Fernandez: 1020 Southwest 7th Street. My Commissioner is Mr. Joe Sanchez and -- Chairman Gonzalez: Right. Ms. Fernandez: -- I don't see him here. I ask you all, you are a community -- you are our leaders. You represent Little Havana, Miami, Overtown. These kids need a home. Their parents are working-class parents that go to these schools that live in here. They want -- they tell me, Raissa, we want a home close to Bayside, close to the schools. We don't want to pay $20 in bus service for our kid, you know. We need parks. We need health facilities. We need development that is going to be contributed to all kinds of people. Yes, we love the history of Overtown. We need your support. Mr. Regalado, please, we ask for you -- I ask for you that this be considered City ofMiami Page 175 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 -- that you guys do consider a different kind of plan that involves the community, that involves the kids. Our teachers are in protest. Our police officers are in protest. We can't continue this. The high cost -- we're number one in the country for foreclosures. We don't need no more foreclosures. We don't want people with bad credit. We want people to be able to live a good life, be able to have culture affairs with their kids, send them to good schools. We need schools. In that area, we need help. We need parks. We need programs. We need a lot of skills trainings for those people around there that live in that community and in Little Havana. Chairman Gonzalez: But let me ask you a question because you have talk about school; you have talk about kids, foreclosures. Are you in support of this project or against this project? Ms. Fernandez: No. I'm opposed to it. Chairman Gonzalez: You're opposed to the project. Ms. Fernandez: I'm opposed to it because I would like -- I want development in Overtown. Overtown has a strong history, beautiful one too, that I want my kids to learn about their history in Overtown. Chairman Gonzalez: OK. Ms. Fernandez: I want them to feel proud of where they came from and where they live. Chairman Gonzalez: OK. Ms. Fernandez: I don't want them to be scared of walking to school or walking to the park. Chairman Gonzalez: All right. Thank -- Ms. Fernandez: So please -- Chairman Gonzalez: -- you very much. Ms. Fernandez: -- consider maybe a different kind of plan that involves the community. Chairman Gonzalez: Thank you. Ms. Fernandez: Thank you. Chairman Gonzalez: Yes, ma'am. Monica Thomas -Williams: Good afternoon. My name is Monica Thomas -Williams. I am a product of Overtown. Principal Hunt was my principal for three years at Booker T. Washington. Now -- I'm now a property owner along with my husband. We have four properties in Overtown that we don't have any mortgages on, not one mortgage. We also have -- together, with my husband, I have nine children, so I do believe I do speak for children because I birthed nine. Now I would like to ask first that you vote "no" at all, absolutely no on Crosswinds because it forces me, as a mother, as a product, as a income -- I raising my children on my income, and I want to leave them something, so we, as a humane society, need to preserve what Overtown has left. We need to fix what is broken. We need to heal who is sick. We need to pick up those who have fallen, and we need to give back what has been stolen. Applause. Ms. Thomas -Williams: We need to keep out predators -- I mean, investors, looking to make City ofMiami Page 176 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 quick and thick dollars off of communities' misfortunes, and since those predators -- I mean, investors, see our community as a deceased place, I think it is fair for me to say that they have no problem building their new income -only based properties on someone's grave, and we all know that we will all be in our graves one day, so Crosswinds and their allies better respect the so-called dead because sometimes the chickens that you send out to roost come home, and all house negroes need to wake up. Vice Chairman Sanchez: All right. Sir, you're recognized. Eddie Dean: Eddie Dean, 820 [sic] Northwest 67th Sfreet. Ms. Thompson: I'm sorry. I didn't get that, sir. Mr. Dean: Eddie Dean, 827 Northwest 67th Sfreet. Vice Chairman Sanchez: Eddie D.? Commissioner Spence -Jones: Eddie Dean. Mr. Dean: Eddie Dean. Vice Chairman Sanchez: Dean -- Mr. Dean: Dean. Vice Chairman Sanchez: -- Dean. Mr. Dean: I would like to say something. I'm not going to come before this Commission with any great lavish speeches on this and that because I think it's already been said, enough have been said. I'm very proud that this room is packed today with folk that look like me exercising their right in America to protest, if they need to do it, exercise their right to stand up. Some of these people, it's their very first time doing this, and that's good, but also, I would like to say one other thing. Miami is a city. Overtown is a part ofMiami. Now what we need to recognize, the rest ofMiami have taken off and Overtown still remain the same. Young boys are still getting shot and killed everyday in the streets. I mean, we got to understand something. The crime rate there is very high. What we need to understand -- and this is just some -- I, too, come from a single parent household; mother raised five in a two -bedroom apartment. I, too, can sympathize with my people, butt must say this, what is right. I want all you Commissioners to make your mind -- this is what is right, this Crosswind [sic] deal, because it gives a young black male -- and this is vacant land, for heaven's sake. This is not saying we're demolishing some folk's houses. This is vacant land that is sitting there dormant, which the City have no tax base or anything. When we look at economic development, sure we need to get a tax base so that the City is able to put back more resources into Overtown, so I urge you guys to strongly vote "yes." Vice Chairman Sanchez: Thank you. Angela Reiv: My name -- good afternoon. Vice Chairman Sanchez: Leroy. All right. Ma'am, you're recognized. Ms. Reiv: Yes. Good afternoon. Overtown, for me, is a historic land. My name is Angela Reiv. Overtown, for me, is a historic land, and you know -- I live at 421 Northwest 5th Sfreet, Miami, Florida, Clover Garden. I'm a resident of Overtown for 40 years. I have two kids, 17 and 21. The reason why I want to live in Overtown because, you know, I love Overtown, and also, I want -- like y'all to put an "X" on Crosswind [sic] because I have nowhere to go. Also, I look to the City ofMiami Page 177 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Miami Time [sic] for places to go. There's nowhere to go, so I love Overtown, like I said, so please take -- so please don't take that away from me because, you know, I've been -- a long time in my life, I've been involved with elderly peoples, and I still love the elderly people, and I don't want that to be taken away from me also, and you know -- hey, y'all don't mind -- you know, hey, have a heart. Don't take (UNINTELLIGIBLE) because united we stand and divided we fall, and I don't want that to be taken away, so you know, hey, thank you. Vice Chairman Sanchez: Thank you, ma'am. Ma'am, you're recognized. Caprice Brown: Caprice Brown, 825 Northwest 125th Street. I'm a member ofLIFFT, andl just came here today to drop this word in on you. The word of God says it is easy for a camel to go through the eye of a needle than for a rich man to go into heaven. One reason: They are full of words, but no action. They are full of lies. They are full of tricks. We have these developers who want to build luxury condos for the rich. What about the poor man? What about the needy? What about the elderly who's on fixed income? Just what about the people? Take in consideration the elderly because you, too, one day will become elderly. Think about it. Think long and hard. This Crosswind [sic] project is a frick to eliminate the poor, and you have a blessed day. Vice Chairman Sanchez: You too, ma'am. Applause. Vice Chairman Sanchez: Sir. Richard ElAmin: My name -- Vice Chairman Sanchez: Good evening. Mr. ElAmin: -- is Richard ElAmin. I'm representing the New Providence Lodge. We're the masons here. We were founded in this area since 1917. Many ofyou may know of our organization. We do a lot with the kids each year. One of our major projects is the back -to -school program for the kids. I just want to say this. I've been listening to a lot of people, and I think the problem here tonight is that a lot ofyou are not informed on what's going on. You've been told a lot of things, a lot of things you've heard based on emotionalism. A lot of it that you're not aware of and people are telling you to call people sell-outs and so forth, and they haven't attended not one daggone [sic] meeting, not one meeting, so how can you say something about another group of people who own property in the area that you're talking about that need to be developed, and our property -- there're a lot of vacant land, and in your area, there's a lot of vacant land. You cannot have vacant land with kids around, walking around expecting them to see a future. You know, you're thinking about yourself, and -- which is OK because we have gotten a lot of promises, and I know that because I grew -- I was born on 17th and 2nd, just over 2nd there, right there in the apartments, so I know what it is to live in apartments. My father was a carpenter. He built a lot of the property that we call downtown. He was a foreman there, so I know what it was to go fishing to be able to survive, and some of you probably know that. Going under the frail; get some fish; come on back and clean them so you can be able to survive for the rest of the week, so I didn't grow up to where I'm now -- to my income now. I know what it is to be poor, so I feel what you feel, but I'm going to just inform you and some of the things that you just don't know. Now somebody said something about the Commissioner. I really got upset because there are a lot of things that the Commissioner is trying to do that you don't even know. Where is Don at? Mr. L. Jones: But we should know. Mr. ElAmin: Well, we have property owners that are -- City ofMiami Page 178 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. L. Jones: We should know though. Mr. ElAmin: You don't even live here. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Well, first of all, Leroy, you -- we not going to even go there 'cause you know. Mr. L. Jones: Well, I -- well -- Mr. ElAmin: Let me -- Commissioner Spence -Jones: We not going to go there 'cause you know. Mr. ElAmin: Can I finish? Mr. L. Jones: He said we don't know. What I'm saying is you -- Commissioner Spence -Jones: OK -- Vice Chairman Sanchez: Leroy. Commissioner Spence -Jones: -- but what I'm saying to you, Leroy -- Vice Chairman Sanchez: Leroy, Leroy. Commissioner Spence -Jones: -- you know. Vice Chairman Sanchez: As the acting Chair and the Vice Chair, Leroy, please. The last time I'm going to warn you. I don't want to have the sergeant at arms remove you -- Mr. L. Jones: Yes. Vice Chairman Sanchez: -- but the next time -- it's the third time that I have either -- have to look at you or trying to get you to calm down -- Mr. L. Jones: I got you. Vice Chairman Sanchez: -- so please. Mr. L. Jones: I got you. Vice Chairman Sanchez: We're OK? Mr. L. Jones: Yes, sir. Mr. ElAmin: See, a lot -- Vice Chairman Sanchez: Sir -- Mr. ElAmin: -- of people don't -- Vice Chairman Sanchez: -- in conclusion. City ofMiami Page 179 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Mr. ElAmin: OK, in conclusion. Vice Chairman Sanchez: I would appreciate it. Mr. ElAmin: There are a lot of -- we need low-income homes. The Commissioner has given us $30 million to build that low-income homes. The area that you speaking of that needs to be preserved, we have Folklife Village. They have -- we have met countless of hours. I leave my job just to go to this meeting to make sure that things are done right. You can talk and complain, but until you get up and start doing something for yourself -- and I mean us as black people. I'm not talking about nobody else because this is a family thing. Until you start getting up and start doing something for yourself you cannot expect Crosswind [sic] or no other development to do something for us if we don't do something for ourselves. Vice Chairman Sanchez: Thank you very much. Mr. ElAmin: I'm finished. Vice Chairman Sanchez: Thank you, sir. All right, ma'am. Linda Sippio: Yes. Hello. My name is Linda Sippio, 1151 Northwest 49th Street. I represent that teacher that was -- that you all heard about a little bit earlier in the presentation that was given by Power U, and I don't make -- I've been in the system about 20 years, and I don't make anywhere near $62, 000. You all know and you've heard about it because it's been in the paper. I was one of the ones out there protesting with United Teachers of Dade, trying to get teachers raises, not praises. Teachers have situations too. I know that I'm not looking, you know, as professional right now as I could, but I'm representative of the new poor in this society. I want to say "no" to Crosswinds because even if the teachers -- which I do believe we're going to get those raises -- with the affordable units at Crosswinds going for two -- what is it -- I think it's about 200 -- $250, 000, there's no way the raise that I'm getting is still going to allow me to afford to live in that facility. I'm all for some affordable housing because, like I said, some of us do have situations too. I saw someone show some nice pictures of affordable buildings that could be put up in place of what you want to put there, so on behalf of the teachers -- and I hope that I'm speaking for the vast majority of them, "no" to Crosswinds because we can't afford it. Vice Chairman Sanchez: Thank you, ma'am. Yes, ma'am. Wanda Beniquez (as translated by her personal Spanish interpreter, Cindy Weisner): My name is Wanda Beniquez. I'm a member ofMiami in Action. I have lived in Miami for a very long time. I have witnessed and also experienced that in Miami, there is not a lot of low-income housing, and that there is a lot of affordable housing that's actually closed, and more and more constructions are being -- buildings are being constructed that are not affordable, and then we've been fighting so that, basically, more affordable housing is built, and so one of the things is that, you know, all of us should be treating each other like brothers and sisters. You know, I'm a American citizen, and I have lived here, like I said before, for a long time. I've actually also lived in New York, but I've never really seen a crisis the way I've seen here, and I think that there's enough here in this country to be able to build affordable housing because we live in the United States. Vice Chairman Sanchez: Gracias. Thank you. Ms. Beniquez: OK. De nada. Vice Chairman Sanchez: Buena noche. Yes, sir. City ofMiami Page 180 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vincent Corrado: Hi. My name is Vincent Corrado, and I moved to Overtown very recently. I'm originally from New York. In New York, in Manhattan, we have apartments going for -- studio apartments going for 2 to $4, 000 a month, and I knew many people who lived in these apartments. How did they do it? They would live with about eight people in a studio apartment. This is the -- and when the rents continue to go up, people are forced to do more and more crazy things to try to afford these high rents, and this is what's happening when you come in and you bring Crosswinds into a situation where there's already not enough affordable housing. You have people on waiting lists to try to get affordable housing, Section 8 apartments, waiting 10, 20 years, and situations like this. I am sorry. I just don't see how this is really going to help the housing situation when we don't -- we need to have -- we definitely need more affordable housing, and we have all this public land. In New York, I'd see more pub -- more parks in New York City than I see in Miami, where we have all this land that -- the so-called vacant land. People have places to go. People have places -- things to do, entertainment, whereas, in Miami, it's not as much because it seems that we're more interested in selling -- in giving -- I'm sorry, not selling, giving, giving away these pieces of land to rich developers to fry to give other people - - other rich people something, and I really don't want to have to live with ten -- with nine other people in a studio apartment. I hope you -- I thank you for your time, and I really hope that you - - and beg for you guys to please say "no" to Crosswinds. Vice Chairman Sanchez: Thank you, sir. Mr. Corrado: Thank you. Vice Chairman Sanchez: Next speaker. Edgard Rios (as translated by his personal Spanish interpreter, Cindy Weisner): Good evening, members of the Commission, so I am a member ofMiami In Action. I live in Wynwood. I live in the 3000 Northwest elderly building, and I'm here at your service, so it is evident by all this presentation that this company has basically brainwashed all of your -- all of you at the Commission, so more than enough proof has been shown tonight, particularly by the ladies that have come here from -- Vice Chairman Sanchez: Detroit. Mr. Rios (as translated by his personal Spanish interpreter, Cindy Weisner): -- Detroit that have told you, that have shown proof that these people over there, the Crosswinds, are just a bunch of irresponsible people. So what we need and what the people of this community needs is housing for all of the people here -- Vice Chairman Sanchez: Gracias. Thank you. Mr. Rios (as translated by his personal Spanish interpreter, Cindy Weisner): -- and so one of the things that want to be clear about is that none of the people here have basically -- are going to be able to afford it. No one here has said we're going to construct 500 apartments. No one here is going to be able to afford it. We can't afford $200, 000 -- Vice Chairman Sanchez: Gracias. Thank you. Mr. Rios (as translated by his personal Spanish interpreter, Cindy Weisner): -- and so I'm asking this honorable Commission to please say "no," an absolute no right now. Vice Chairman Sanchez: Gracias. Thank you. Next speaker. Charmille Walters: Hello. My name is Charmille Walters, and I live at 430 Northwest 7th Street. As a resident of Overtown, I am requesting that you say "no" to the Crosswinds project. City ofMiami Page 181 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 I believe that Crosswinds will destroy the essence and character of Overtown that's currently at Overtown. You -- luxury condos and Folklife Village are not compatible phrases. Condominiums promote like a individual mentality that says look out for self because you're in a box with very thick walls, and it's basically a very well -decorated prison that I'm sure will have nice gates and, you know, access to give you the illusion of security. I, as a black artist, am very interested in revitalization of the Folklife Village, but don't think that has to happen with the Crosswinds project. Folklife Village promotes a unified community mentality centered on ancestral heritage. There are more than enough condos in Overtown and Miami in general, but there are not enough decent, safe, clean, affordable dwellings that one can live in. They don't -- there -- the ones that are there are disappearing. I currently live in an apartment complex that is converting to condo. If you can't afford to buy the condo, you have to move. Where are we supposed to go? I'm college educated. I was raised on where there's a will, there's a way. My mom worked her three jobs to make sure to put food on that table, and she raised me right, and I know what's right and wrong, and I feel like this Crosswinds project is wrong. I don't understand a developer that's still pushing to do something that the community is against. There -- that -- to me, that's a clear indication that they don't care about the heritage, about the history, about the people, the community of Overtown. I believe commu -- Overtown deserves better. I also had an opportunity to visit Brush Park and to speak to some of those residents you saw; two of them were senior citizens you saw in the video. That one man didn't mention that his house was in his family for four generations, and what -- the sense that got was that Crosswinds -- once Crosswinds entered, it was like a ghost town, and the elderly are on the front line holding on to our heritage by a very thin string. Chairman Gonzalez: Thank you very much. Ms. Walters: You're welcome. Chairman Gonzalez: Yes, ma'am. Bess McElroy: Thank you. Good afternoon. My name is Bess McElroy, 5301 Northeast 5th Avenue. I am a product of Overtown, and I have great concerns about the people and the effects that this project will have upon those people. More often than not, when the projects comes in, the very people that it was supposed to help are the very people who are affected in a negatively way, and I would like for you to consider that am very much concerned about housing, affordable housing, housing versus condo. A figure was given -- a medium income of some forty -some odd thousand dollars. Well, the people who are most affected certainly do not make that type of money, and even when you come into 80 percent of that for subsidized housing, they still do not even make that type of money, so I will like for you to consider what it is that you're about to do and look at alternative methods so that we can end up with a good result. As I was saying -- I lost my train of thought there just for a moment -- but we must consider the income and the impact that it will have. I am not opposed to housing -- or I'm not opposed to development. Development is good. Without development, progress is impeded, but it is the effect of the development that we must be concerned about, and as I've stated and as you've heard over and over, that many times developers comes in and -- with one tune, and when it's all over with, then we have another tune, and so we do not want to be another sad statistic, so please consider all of these and other options in your vote. Thank you. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Thank you. Yes, ma'am. Vice Chairman Sanchez: Ms. Green. Rosa Green: Rosa Green, 415 Northwest 6 Street, and I'm going to say thatl am a resident of Overtown, and I've been back over there now about 25 years. I came to Miami at the age of 13 City ofMiami Page 182 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 in the '40s, so I'm probably the oldest one in the room, so I know what Overtown was, I know what it is, and I also know what it could be. Most everyone in the room tonight, I hope and I pray, are living in an apartment or a home. I don't think anybody in here is homeless. I, too, am poor, even though I began work for $0.50 an hour at the Blue Ribbon Laundry on 7th Court and 14th Street, $0.50 an hour. I had the opportunity of living -- after I became 18, finished high school -- in Dana Dorsey's hotel on Northwest 2nd Avenue. The rent was -- Dr. Fields -- $14 a week. Trust me, that was very, very hard to get in the '40s and '50s, and one thing I like about America -- and I want to say this to my constituents -- as I said before, I'm poor too. You have a right to your opinion, and I cannot tell you what to do, and please, don't try to tell me what to do because that's one right that we have being Americans, and that's why many people strive to get here because this is supposed to be a free country, and yet, nothing's free. Nothing comes easy. I finished school -- I got to say this right quick--1948, graduated high school, Chattanooga, Tennessee, but it was 1982 before I got a degree. I worked nights, Miami Heart Institute, 11 to 7. I worked days, Dade County Schools, from 8 to 3. I did it for 12 years, and anybody in here can check it out because I had six children, one husband, and he said I could work two; he wasn't working two, so to say that I'm for Crosswinds -- and I am for Crosswinds -- is not because I can afford 200,000 or 300, 000, but I feel that change is coming. Those lots -- if Crosswinds doesn't get it -- and you don't know how long we've been waiting. We've been waiting 20 to 30 years. If Crosswinds doesn't get it, somebody else is. We aren't going to keep those lots vacant. When I grew up here, we were self -sustained in Overtown. We had movie theaters. We had hotels. We had restaurants. We had nightclubs, you know, Ray Charles, Ella Fitzgerald, some of the greatest names, they came to Overtown, and I would like to see the men and all those men that sit on the street and on the sidewalk and play games that need a recreation center, and I do too. I would like to have one. I'm a senior citizen now. I've been retired 14 years, but still go back and I do a little work, two or three hours, to help our children, so I am anxious to see something in Overtown. I don't want to have to leave from Overtown to go to Liberty City or Carol City, or wherever just to enjoy my tax dollars, and frust me, I paid a lot of them because when I got my degrees, all my kids were grown, so Uncle Sam worked with me nicely, like $12, 000 a couple of years, just for taxes, so I paid my dues, so please, people, understand that you -- like the young man said in the black suit, a lot of us have been misinformed, and for somebody to stand to the podium and tell a Commissioner that they voted for something or said they would vote and it was a lie, you got to start thinking because that's one thing -- the lady referred to the Bible. It say a liar -- God said this -- will not tarry in My sight. Chairman Gonzalez: Thank you. Ms. Green: He might let the murderer in, he might let the backbiter, but not a liar, so -- Chairman Gonzalez: Thank you very much. Ms. Green: -- listen to lies -- don't listen to lies -- Chairman Gonzalez: Thank -- Ms. Green: -- and I thank you very much. Chairman Gonzalez: Thank you, ma'am. Yes, sir. David Alexander: Good afternoon, Mr. Chairman -- Chairman Gonzalez: Good afternoon. Mr. Alexander: -- ladies and gentlemen, Commissioners. My name is David Jonathan Alexander. I'm president of St. John Community Development Corporation. We are an City ofMiami Page 183 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 affordable housing developer in Overtown. I stand before you this evening because I would like to maybe enlarge on this debate a little bit. In the first place, I will say, as originally quoted in the Miami Herald, I do support the Crosswinds project, and I support this project for a number of reasons, not the least of which is that in the business that I'm in, which is affordable housing, we are driven by market force conditions that surround the Overtown community. In the first place, if you drive I-95 and count the number of cranes on the east side ofI-95, the last count I took was 79 cranes that are building -- high-rise buildings in the City ofMiami. If you drive Overtown, there is not one crane. Commissioner Spence -Jones: Try Liberty City, too. Mr. Alexander: Say again. I'm sorry. I didn't hear you, Commissioner. We would like to see that development takes place in our community. If there are ways that we can improve the Crosswinds deal, I might suggest that we take a look at how the TIF (Tax Increment Fund) is being used and for the length of time that it's being used. I'd like to also suggest that there is no such thing as affordable housing anymore. That is a thing of the past. Housing becomes affordable because people have the resources to service some kind of payment or debt. The problem is the price of that housing is not always relevant to the servicing of that debt, and that's how we can build housing today. In Overtown, it is very important to the future of this community that we start the building process now. If we don't start the building process now and if we don't make decisions towards how to include the less fortunate economic circumstances of families in this project, then we are setting a precedent which cannot be replicated -- Chairman Gonzalez: Thank you. Mr. Alexander: -- or embedded in the future. Chairman Gonzalez: Thank you. Your time is up. Mr. Alexander: Thank you very much, Mr. -- Chairman Gonzalez: Thank you. Mr. Alexander: -- Chairman. Chairman Gonzalez: Yes, sir. Ronnie Holmes: Hello. My name is Ronnie Holmes. I'm staying on 17th Avenue and 62nd Street, where we're building a little tent city at. I'm homeless; ain't always been like that. I worked hard all my life. Since I got out of jail on July 18, I been coming down here and I been trying to get Hs. Jones and talk to Mr. Mayor and Mr. Diaz and frying to talk to somebody about getting me, one man, into a shelter so that I can collect my disability and get on with my life. Y'all ain't did that and this -- I'm just one person. Y'all ain't did that, and I been hawking y'all. Y'all -- the man with the neck brace. I been hawking y'all. Y'all been seeing me. (UNINTELLIGIBLE) him talking about affordable housing. Affordable housing here. It could be here. The developers could build affordable housing on every empty lot in Liberty City and Overtown and make more money than they would inside those little condos they trying to build. Y'all don't care about us. All y'all -- I'm convinced. Y'all paid off already. Prove me wrong. Say "no" to it. Prove me wrong. Y'all paid off already. Y'all work for the Man. Y'all don't work for the people no more. Y'all don't work for us no more. We need help. We want to build our community. Liberty -- man, Liberty City, Opa Locka, and Overtown, we could do things if only if we had half the tools that the other people got -- get for free. We done labored. We done did every blood, sweat, and tears in Liberty City, Overtown, Opa Locka to try to make this thing work and raise our children to be men, ifyou bring a decent job to the neighborhood. We work the hell out of Burger King, if you bring it there, but y'all don't bring it there, but then at the City ofMiami Page 184 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 same time, y'all say we just some lazy (racial epithet). Y'all don't want to do nothing but smoke weed and sex and don't do nothing, but we built this city. We built this country; fixing to build more in Overtown, if we were given half a chance. Y'all giving these people more chances than y'all ever gave anybody who work for this City. Y'all don't care about us no more. Prove me wrong. Prove the people ofMiami wrong and say "no" to it. Chairman Gonzalez: Your time is up. Thank you. Yes, sir. Don Patterson: Good evening, Chairman, Commissioners. My name is Don Patterson. I'm executive director of BAME (Bethel African Methodist Episcopal) Development Corporation of South Florida, proud affiliate of Greater Bethel AME (African Methodist Episcopal) Church in Overtown. I am also a Folklife Village stakeholder. In keeping with the mission of-- I'm sorry -- BAME as a community developer, we have, on a collaborative basis, worked with for profit developers to create as many as 745 units throughout the City ofMiami. These units are affordable units for both families and seniors. I'm happy to report that more than 50 percent of the tenants in our properties are former Overtown residents. We continue to seek opportunities in response to the desperate need for affordable housing. When I came on board in January, we began to take a hard look at what's being proposed this evening. After peeling away labor -- I'm sorry. After peeling away layers of accusations, controversy, and rumors, we've concluded that the project, with additional affordable units, is, in fact, a good step in the right direction. The disfrict, neighborhood, and the Greater Overtown community will certainly benefit from the project that's being proposed. The project should never be thought of as a development to -- a development project to cure all the ills of Overtown. However, instead, it's an opportunity to make quality housing not only available, but with an agreement to support community developers when the -- within the disfrict, we can create affordable housing that is -- I'm sorry -- we can create quality housing that is affordable. Understand, many communities around the country have experienced the same growing pains we're all feeling here tonight. All were faced with the threat of displacement of existing residents, and all were successful, in varying degrees, to -- in controlling the outcomes through active participation, so in the spirit of collaboration, we stand ready to challenge the developer on his commitment to support creation of additional affordable housing and economic development in Overtown. With the Commission's approval of Sawyer's Walk -- of the Sawyer's Walk project, on behalf of BAME, its board of directors, Greater Bethel AME Church, and my colleagues within the Folklife District, we commit to you this evening that we will exercise our best efforts in providing community redevelopment that we can all be proud of. Thank you and God bless. Chairman Gonzalez: Thank you. Your time -- Yes, sir. Panagioti Tsolkas: My name is Panagioti Tsolkas, 822 North C Street -- Ms. Thompson: I'm sorry, sir. I didn't get your name. Mr. Tsolkas: Panagioti -- Ms. Thompson: Thank you. Mr. Tsolkas: -- Tsolkas. I came here to voice my support for residents opposing Crosswinds and the Sawyer's Walk project. I'm actually from Palm Beach County, and I came all the way down. I've been following development issues around the fri-county area, and I think it's very clear that the housing crisis is not city or countywide, and that this has -- these projects have implications much broader than the boundaries of boards such as this. I think the situation, which is clearly a disaster socially is also an environmental disaster, and I think that, in that realm, it also has impacts far beyond Miami -Dade County and Miami City. People being pushed out of their neighborhoods by shortsighted, profit -driven plans is the epitome of unsustainable development and an irresponsible society. This process ofgentrification is rightly called environmental City ofMiami Page 185 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 racism by many of its critics, but there's another part of the story that is also a part of this crisis, which is a push further into the urban development boundary, which is a result of these sort of poor uses of public land. You know, they say -- developers say that's the last that's left is to keep pushing further and further out where it's more possible in the market to build lower income units or housing, but what's happening in urban South Florida, I think, can be looked at as a parallel to what's happened in Florida's history throughout the natural places; been chopped up, dried out, exploited, and left on failing life support systems, like the entire Everglades, if you go west of here, and so I wanted to -- I'll make it clear thatl intend to fight in solidarity with folks in the communities demanding a voice, and I think if we don't challenge developers, we'll watch our neighborhoods get wiped out in the same way we watched the Everglades be cut in half. The vast majority of coastal reefs die; the scrubland, the wading birds, and that -- the acquifer, lower and lower, and you know, ultimately, our irresponsibility and disrespect will be our own demise, so I continue -- I plan on fighting it, and I'll make the trek down the Tri-Rail. Thanks a lot. Chairman Gonzalez: Thank you very much Your time is up. Yes, sir. Neil Shiver: Good afternoon. Chairman Gonzalez: Very enlightening. Mr. Shiver: My name is Neil Shiver. Vice Chairman Sanchez: Party on. Mr. Shiver: Born and raised and educated here in Miami. I ask the Commission to honor the process, a process that's been a long process, a process, Commissioner Spence -Jones, that has been shaped by two of your predecessors, Art Teele and Jeffery Allen. I ask the Commissioners to honor that process and vote 'yes" on Crosswinds. It's been a long, long road, but one thing that Art Teele understood, just like Jeffery Allen understood, and I know Commissioner Spence -Jones understands, that Crosswinds cannot be the cure for all the woes in Overtown, but it was a good start, and we negotiated, we believe -- initiated the negotiations of a very, very good contract between the public sector and the private sector. When I sat in one of those offices back there, Overtown was often referred to as a hole in the doughnut, you know. You see the cranes on Biscayne, but you don't see anything happening in Overtown, and so we were compelled to make sure that something happens in Overtown. It's been a long process. Prior to you becoming Commissioner, you sat down and we spoke, and you asked me, what about Crosswinds? You had doubts. You wanted to know who was on first, who was on second, and how they got there, and I'm telling you, it's been a long process, shaped by many people, and I was compelled to come down here -- because I was watching this on TV (television) -- because I heard the attacks on Crosswinds and personal attacks, even though Bernie Glieberman name wasn't mentioned personally, but can tell you, when I sat across the table from that gentleman, and when he said those 50 units were sacred -- people can question about the amount, but the point is the intent was there, that Crosswind [sic] wants this project to be a success for everyone, so I just want to -- people to understand that, that there's a all -- how can I say? -- all-inclusive. There's something for everyone in this project. Thank you. Chairman Gonzalez: Thank you so much. Yes, sir. Del Bryan: Mr. Chairman, Commissioners. I'm glad I'm standing here and not in your seats. It's really a hot seat tonight -- Chairman Gonzalez: Yeah. Mr. Bryan: -- and I'm going to be brief. The two previous speakers touched on some of the stuff that was going to speak on, and I've been before this group before, so I don't want to bore you City ofMiami Page 186 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 with my repeating, but this has been a very long process and, as you know -- Del Bryan, 201 Northwest 7th Street. I also stand here representing a group of homeowners who had the courage and the -- well, the foresight and the courage to have moved in there, and I've said that story before. I'm not going to go back through it; that's not relevant here. What is relevant, along the lines that Neil just said, is that the opportunity is here. You're in the hot seat, and nothing comes easy. Nothing comes without sacrifice, and no matter what decision you make, somebody's going to be unhappy. Chairman Gonzalez: Right. Mr. Bryan: The bottom line is where do you make the best decision for the broader purpose of the City ofMiami, and we can't uplift one section without the other, so we want to make sure that present residents benefit, and there are ways in there, and there are others who will speak to that, and to my Commissioner, I must say, I'm proud of the way you're handling it, and I know you must have lost a lot of sleep, like the other Commissioners, but at the end of the day, it's your district, and I know they will respect your leadership on it, but if we don't do this now, the price of steel, cement, everything just gets more expensive. It becomes less possible. We need to do it, even if it's not exactly the right thing, but there is a lot of good to it, and others with flesh that out, and it's -- at the end of the line, it's about the economics. The economics from this can flow to fix the very questions and the very concerns that my neighbors have expressed. Without the economics, five years from now, we have the same conversation over the same vacant lot. If we take this opportunity and move forward, we start the economic engine, and there's some tools to then do things for persons who need even greater sustenance to reach at least a decent level. Chairman Gonzalez: Thank you. Mr. Bryan: Thank you. Chairman Gonzalez: Yes, ma'am. Good evening. Dorothy Jenkins Fields: Good evening. I'm Dorothy Jenkins Fields, tonight representing the Historic Overtown Improvement Association, as chairperson. Our organization has recently organized. We are property owners, as well as residents. Our legacy organizations include BAME, the lodge, longshoremen, Overtown Civic Partnership, the black police, and we are assisted by LISC (Local Initiative Support Corporation) through a process with the CRA, a planning document has been developed, and I just want to let you know thatl am a resident -- I am a native of Overtown. My mother's family settled here in 1903, and we have been here ever since. I spend most of my waking hours in Overtown, and those hours that I'm asleep, I'm dreaming about Overtown. Know that we know that it was once a vibrant city and can again become that. As we look at all the development around us, we know that we, too, must be a part of that. We have been working with the community, and in recent times, we've been working with Crosswinds. We're not going to just let someone come in and take our community. Know that anything that is done will be monitored very carefully, and that we will, in fact, work for -- to see that everything comes out right. We believe that Sawyer's Walk is a first step in the road to the rebirth of Overtown. We believe that jobs will come from this, and we are really working to help implement this, and we believe that it should happen. Thank you. Chairman Gonzalez: Thank you, ma'am. Yes, sir. Philip Bacon: Good evening. My name is Philip Bacon, and I'm with the Collins Center for Public Policy. I'm also with -- the general manager of the South Florida Smart Growth Land Trust that owns property within this particular project area. We are deeply sympathetic to the -- to some of the people that have come up this evening over the problem of affordable housing, but I'm here to tell you tonight that the cost of doing nothing tonight is that not one affordable or low-income unit will be built on those vacant properties at a minimum of three to five years, not City ofMiami Page 187 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 one unit, and what I'm saying to you is is that the cost -- the other cost is that, as a property owner in the district, we see the Crosswinds project as catalytic to over three quarters of a billion dollars in new investment, with significant amounts of housing choices for everyone in the community, and with that kind of economic activity, the people of Overtown will be able to get, among other things, a general grocery store and the kinds of services that every other community has so that the cost of doing nothing tonight on this project is higher than I think anybody in here wants to do. I will just close by saying that the Crosswinds project is the result of about a four and a half year process, vetting process where stakeholders, property owners, and anybody that wanted to look in on the process had an opportunity to come in and help us shape this project, not just the bricks and -- brick and mortar, but also some of the social programs, the job creations, and everything else, so we, as stakeholders and property owners, fried to do it correctly. We are concerned, as anybody else, with the plight of the people that currently live in Overtown. Allow us to do something about it, please. Chairman Gonzalez: Thank you. Good evening. Elizabeth Williams: Good evening. My name is Elizabeth Williams. I reside at 3682 Grand Avenue. I'm the executive director for the Black Archives History and Research Foundation of South Florida, and as many of you know, for 29 years, the Black Archives has collected and preserved the history of black Americans here in South Florida. We believe in Overtown. We are committed to Overtown. Many of our members and their families reside in Overtown. It's a rich, rich culture in Overtown. We own and operate the Historic Lyric Theater in Overtown. We believe in Overtown, and the Black Archives supports Crosswinds. Vote "yes." Chairman Gonzalez: Thank you. Yes. Irby McKnight: Good afternoon -- Chairman Gonzalez: Good evening. Mr. McKnight: -- Commissioners. I first want to say thank you so much for allowing all the citizens tonight to express themselves. Ms. Thompson: Mr. McKnight, would you please put your name on the record? Mr. McKnight: Irby McKnight, 1600 Northwest 3rd Avenue, Building D. Ms. Thompson: Thank you. Mr. McKnight: I am also the chairperson of the neighborhood assembly for the Empowerment Zone, and I am a member of the Historical Folklife DistrictlmprovementAssociation. I'm here because I support Crosswind [sic] 100 percent, and the reason I support them 100 percent is that once lived at 218 Northwest 2ndAvenue. A group of us complained about living conditions. The CRA was formed so that the area could be cleared out and affordable, decent housing provided for us. Twenty-one years later, I am still waiting. Gentrification happens in Overtown in a very bad way, and that is, as we climb the economic ladder of success, we have to leave Overtown to accommodate our family needs because there have been nothing built for 40 years in the Commission, absolutely nothing. Do not let another 40 years go by. We have lost our air traffic controllers who lived in Overtown. We have lost our patternmakers who lived in Overtown, our designers who lived in Overtown because once they got married and had families, they needed accommodations that still not available for their children in Overtown today. Now I understand that people live there with children, but sometimes, people are doing the best that they can, and I hate to see that all of the upward mobile financial people had to leave the area because you can't buy a big -ticket item; you can't do anything in the community. You must take all your dollars somewhere else. Because of that, because I want the dollar to circulate more City ofMiami Page 188 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 than once in Overtown, please vote 'yes"for Crosswinds. Thank you. Chairman Gonzalez: Thank you. Good evening. Barbara Rose: Good evening. My name is Barbara Rose. I live at Boca Rio Drive, in Viera, Florida. I'm a consultant, doing work for Knight Foundation and National Living Cities program. I've been engaged in community redevelopment and affordable housing for the last 15 years. Overtown has a tremendous set of resources in its culture, in its land, in its people, in its proximity to downtown and to jobs. That opportunity has been wasted for years. This project, Sawyer's Walk, is an opportunity to start the redevelopment, create the jobs, create the opportunity that will bring true revitalization to this area of Overtown. If not this project -- the gentrification that's starting on the bay side will absolutely roll over Overtown and completely push everyone out. I think the one thing I want to say to the people that are protesting is we have spent tremendous amount of time and effort worrying about the very low-income people. There are substantial subsidy, including mortgage financing provided by the Knight Foundation. The $30 million you have committed to the other day will hugely enhance that additional subsidy so that low-income people can afford these units. This is an important project. This is the first project. It has to be approved. It has to go forward. Our costs have escalated over the last years because of the delays. It's just not acceptable to go forward in delays. Sawyer's Walk is the first step on the road to rebirth in Overtown. Let's take it. Chairman Gonzalez: Thank you, ma'am. Yes, sir. Ehrlich Crain: Good evening. My name is Ehrlich Crain. I'm vice president for Crosswinds Communities, and I'm directly in charge of all land planning and development for our Michigan operations, and I was compelled to come up. I realize we're here regarding Overtown, but there were several references made to our Brush Park development in the City of Defroit, and I believe there were some gross misrepresentations of what has happened in that development. We're very proud of our accomplishments and I'm very proud of our developments. We were selected as the developer of that project based on a request for proposals that was submitted by the City of Defroit. Our proposal was for all market rate housing. We were the only developer that proposed that. We were selected for that, and that's what we indicated we would do, that's what we committed to do, and that's what we've done. It's also important to note that we're only one-third of the geographical area of Brush Park. There's a master plan for that community that calls for 20 percent affordable housing, which we've worked with the City of Defroit and all three of the community groups that were represented there, and I certainly don't mean to represent every resident was in support of that project, but we do certainly believe that many were. We believe the facts stand beside -- behind that project. We'll be happy to answer any questions you may have, and in closing, I could say in my career with Crosswinds, whatever we have committed to do on a project, we have done. We stood behind that and delivered on that commitment, and be happy to answer any questions you might have later. Chairman Gonzalez: Thank you, thank you. Yes -- Commissioner Spence -Jones: I just need to ask one question. Are you here from Defroit also? Mr. Crain: Yes, I am. Commissioner Spence -Jones: Do you know the young ladies over here? Mr. Crain: I know Ms. Mingo -- Commissioner Spence -Jones: OK, all right. Mr. Crain: -- and I might add, I was appointed by Mayor Dennis Archer to be a board member City ofMiami Page 189 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 on the CPC committee that Hs. Mingo belongs to. We made every attempt to work with them. We (UNINTELLIGIBLE) with them what they were going to do, and we worked with two other community groups within that community. Commissioner Spence -Jones: OK, and let me ask you, the land -- only reason I'm even asking you the questions now because I realize that you guys traveled from Detroit, and I'm trying to at least, you know, pay you some due respect by at least communicating to you. Chairman Gonzalez: But -- if you allow me. Commissioner Spence -Jones: OK. Chairman Gonzalez: One thing that I don't want to start is a debate between -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- two parties -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- OK? Commissioner Spence -Jones: All right. Chairman Gonzalez: You know, you may ask -- Commissioner Spence -Jones: No. That's right. You right, Mr. Chairman. Chairman Gonzalez: -- all the questions -- Commissioner Spence -Jones: I'll ask all the questions afterwards. OK Chairman Gonzalez: -- but we don't want to start a debate, you know -- Commissioner Spence -Jones: No problem. I will not -- Chairman Gonzalez: -- you say, I say. Commissioner Spence -Jones: I'm going to respect the Chairman. He's asked for me not to do that. Chairman Gonzalez: All right. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: Yes, sir [sic]. Annetta Jenkins: Good evening, Commissioners. My name is Annetta Jenkins. I'm the senior program director for Local Initiative Support Corporation. My address is 150 Southeast 2nd Avenue, Miami, and I'm standing here today as a community developer for more than 20 years working for the nation's largest community development support organization to say that LISC supports the Sawyer's Walk project, and to encourage you to move it forward. We just completed an Overtown strategic implementation plan, and you've heard reference to that, with the Overtown Folklife District Improvement Association, and I might add that that was a plan and a process that we paid for. It was an independent study, and after analysis, it established the City ofMiami Page 190 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 feasibility for more than 2,400 homes over the next five years in that Southeast Overtown neighborhood. Sawyer's Walk is included in that analysis, and in talking with residents, with property owners, with people heading organizations, we verified that it will provide 62 homes for very low-income residents, and I want to point out that, as someone who does affordable housing, workforce housing, attainable housing, whatever you want to call it, all over South Florida, it is impossible to provide homeownership and decent and affordable housing for very low-income residents in this day and time, so that is remarkable for this project. The project will provide additional units -- when you add together -- for the range of incomes almost 45 percent of the units will be affordable for ranges from very low to low and moderate, including affordable. This creates -- our plan found that of all the units that will be developed over the next five years, 51 percent of those units for very low to affordable, with only 49 percent market. This is a best practice example, a catalyst project in terms of how to do redevelopment and moving forward -- Chairman Gonzalez: Thank -- Ms. Jenkins: -- more than one-third for Overtown residents, so we urge you to vote 'yes" -- Chairman Gonzalez: Thank you. Ms. Jenkins: -- for Sawyer's Walk. Chairman Gonzalez: Thank you. Yes, sir. Tony Romano: Hello. I'm Tony Romano with the Miami Worker's Center. We do work around affordable housing in Liberty City and other low-income neighborhoods. In listening to people talk about the Crosswinds project, it reminds me a lot of Scott projects, reminds me a lot of one area in Miami that's infamous, which is the land that Scott project sits on and is now known as a complete disgrace in terms of how the government has used land not to serve the people, and let me explain what's happened at Scott. There are two things that happened at Scott that think the City should learn from. Number one, the government -led project at Scott failed to listen to the majority of the community and the residents, and as a result, even though they displaced the residents and they're scattered all over, the residents are not lost. They are fighting and there is -- we are embroiled in a major conflict, and it's not going anywhere until the people's cries are heard and affordable housing is built, so the failure to listen to the majority -- and the majority have spoken. The word of the majority is clear, other than a few people and some who may be paid to be here today. Second, the question of Scott projects is how that land is being used. It's no question -- I'm not surprised that the big execs from Crosswinds are pushing for what they are. No one's surprised that developers have one objective, which is to make profit. If Crosswinds control that -- controls that land, they don't want to build affordable housing. They want mostly luxury condos because their objective is profit. What is outrageous here, which harkens back to Scott -- but what is outrageous is this is y'all, government official -- y'all control this land. This is government land. Y'all -- in the face of what exists today, 40, 000 people on the wait list. Most people in Miami are zero to sixty percent of median income. Thousands and thousands are homeless, thousands are soon to be homeless. In the face of that reality, I'm not surprised that Crosswinds -- Chairman Gonzalez: Your time is up. Mr. Romano: -- says they want luxury condos, but I'm shocked that, in the face of that reality, you would side with Crosswinds and serve their interest and not the interest of your constituents. Chairman Gonzalez: Thank you, thank you. Yes, sir. Kristopher Smith: Thank you, Mr. Chair, and good evening, Commissioners. Commissioner Spence -Jones, good evening, and thank you for having this on the agenda and having this City ofMiami Page 191 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 process. I agree with Neil, that the process is important and this has been a long haul. I'll get right to it. Ms. Thompson: We need your name for -- Mr. K Smith: My name is Kris Smith, 915 Northwest 1st Avenue. I work with Ms. Annetta Jenkins at South Florida LISC, and I stand with her in support of Crosswinds. Now, for the past 15 years, I have worked in Overtown and lived in Overtown as a big brother, a preservationist, a teacher, a volunteer community technology center director, and now I work with Annetta in terms of LISC and providing opportunities to build neighborhoods. I think I'm the only one in this room that I'm -- could recognize, other than -- I see the Solid Waste gentleman -- that has actually cleaned up the lots they talking about building on. I actually have been out there with my hands and my sweat with City staff because I'm a proud former staff member of the City of Miami, was the NET (Neighborhood Enhancement Team) administrator that picked up the trash, removed the homeless that are on these lots they talking about tonight. When nobody else was sitting there doing anything about it, standing around, we were cleaning up behind everyone. Now there are more vacant lots in Overtown than I can count. Somebody was asking me how many we got. Way too many. How many abandoned buildings we got? Look at (UNINTELLIGIBLE) 12th Sfreet now. It's vacant and abandoned, and all you got is drug activity around the area. The opportunity here is to help continue the momentum that has been started over the last few years to improve the conditions for the existing residents. Now that may not be seen through the development, but it is seen through bringing more people to the area to help be the eyes and ears for the entire neighborhood. Chairman Gonzalez: Thank you. Mr. K Smith: Thank you. Chairman Gonzalez: Yes, ma'am. Rosalie Whiley: My name is Rosalie Whiley, 6127 Northwest 7th Avenue. I once grew up in Overtown. I had to move from Overtown to Liberty City because ofI-95. My interest and my thoughts is that Crosswinds seems to want to come into Overtown and destroy Overtown. Overtown is already destroyed, but with the people that's frying to get Overtown together is Power U, and I think we all should take in consideration that Power U is something that's Overtown that's working to improve it, but improvements comes with everybody agreeing to something has to change, and in change, it comes with everybody. No one person should make a opportunity to speak for someone that wants to speak for what they want in growth, but in our growth, we have to always remember that we have people that's not born with a silver spoon, and if being -- I'm not born with a silver spoon, I still should have a opportunity to speak against something that I know is not, not going to improve the neighborhoods in Overtown. All it's going to do is set Overtown back on what they grow, and human people has to grow and change. I want -- I'm against Crosswind [sic], but I also stand here for development, and in development, you have to come and talk to me. I have a voice. My voice should be heard, and that's all I'm asking, is the people from Overtown that disagrees with Crosswind [sic], please listen to their voices because the voices are people, just as well as you all are. Chairman Gonzalez: Thank you. Yes, ma'am. Nicole Wild: My name is Nicole Wild. I'm the executive director of the Women's Alliance and the CEO of Chapter 2 Clothing. We're actually the only retail operation right smack bang in the middle of the Historic Folklife Village, and we're honored to be located at the Dorsey House, 250 Northwest 9th Sfreet. We opened our store in February because we wanted to create a self-sustaining enterprise that would also support revitalization of a very poor neighborhood, and we're doing that by -- through our clothing store. It's unique and upscale. We sell City ofMiami Page 192 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 everything from Armani to Christian Lacroix to Ann Taylor samples, and all the proceeds go to help women in need. When you drive down 9th Street, you'll see Dorsey House, vacant land, the Ward Rooming House, more vacant land until you get to the Lyric Theater across the street, and a big banner that says "Does this dress make me look philanthropic?" because we -- we're all about -- our passion is to help people. Our passion is to help provide clothing for people, provide transitional employment for people in Overtown, and help people get jobs, and this -- the economic development in Overtown, the Crosswinds project is vital to our survival. It's vital to our success in helping people. We have people driving from Aventura, all around the country -- sorry -- all around the county to come and buy our clothing, and we need to get going because the more sales we have, the more people that we can help, and so I'm for Crosswinds. Thank you. Chairman Gonzalez: Thank you. Steve Hagen: Hello. Steve Hagen, 725 Northeast 73rd Street. About a year ago, on this dais, Commissioner Winton said, "Public projects never get worse with public input," and I think we're seeing a little bit of democracy go on here today. People are able to speak. I'm glad that you scheduled this after 5 o'clock, but there's those of us with a lot -- with skins a lot lighter than most of the people speaking today that have been coming to this Commission over the last two or three years fighting various projects, high-rises that don't belong where they're -- where you're allowing them to go, and it's bad enough when -- Chairman Gonzalez: Let me ask you, what does light skin has to do in reference to a darker skin in reference to Crosswind [sicJ? Hr. Hagen: Say that again, please. Chairman Gonzalez: You made a reference that people with lighter skin have come here. What Hr. Hagen: Yes. People for -- Chairman Gonzalez: -- what's the relevance? Hr. Hagen: -- people with lighter skin have been coming to this Commission for two years talking about projects that don't -- that are -- that you -- that are approved in places where they don't belong. We're talking about 20- and 30-story condos up next to single-family homes. We're talking about private -- when we use private monies. Now we're using -- now you're talking about using public property to put a project in, the same way you use HUD money to put a 17-story and a 19-story project in on 79th Street next to single-family homes, which you wouldn't do in any other city in this world; any city in this world, you would not put high-rises next to single-family homes, so in regard to this project, this is just -- it's too much going into this neighborhood. This is historically a one- and two-story neighborhood. This was mentioned early -- the attorney at the beginning spoke about this. You're going against your own -- just because you can -- the Code says you can put 300 units -- the zoning says 300 units, that's not an entitlement. Chairman Gonzalez: Very eloquent. Hr. Hagen: That's the highest -- it's not an entitlement. It has to fit into what is -- what the neighborhood wants and what the surrounding neighborhood is. Highest and best use. What is highest and best use? For who? It's for the people that are living in the neighborhood, and just to bring a little bit of history into this tonight, Bicentennial Park, at the cost of $27.9 million, back in the '70s, was -- came about because 100 percent of the black precincts voted for it. Prior to that, it had been defeated, and it was the black community that brought us Bicentennial Park. City ofMiami Page 193 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 IfI had my way, I would take this piece of property and turn it into a park and let private development come and build one- and two-story homes around it. Chairman Gonzalez: Thank you. Yes, sir. Leo Casino: My name is Dr. Leo Casino, and I'm from the Church of Divine Mission, Overtown, and I come today because I know that y'all was going to do what y'all want to do. Commissioner Haskins: Hey, Leo. Mr. Casino: How you feel, Linda? And historically, my ancestors fought in the Civil War. My father fought in World War I, uncles fought in World War II;; we fought in Korea. I have two brothers, all three of us joined, went to Vietnam, and so I'm saying to just be fair, and the thing is not about renting because the majority of us can't afford 1,900, $1,500 a month. The thing is, who owns the land? I can remember in Overtown where black people were proud and were giants. The black people, I would -- from Overtown, I would put them up against any people, any community in the United States, but we've been reduced to almost like beggars. We say jobs, jobs. We had jobs when we were slaves. What about ownership? What about having a piece of the rock? How would the Cuban community feel if outside developers from Detroit, Chicago came into Little Havana and bought all the property and owned it and said, OK, we going to rent that to y'all, so I'm saying, please be fair. Treat us as human beings. Treat us as people that's been in this country four and five hundred years. Treat us as decent human beings, and what I'm saying, we own nothing. Just like the money that y'all was going to invest in Crossroads [sic], you could have invested that in the black people when they owned property over there; give them money to revitalize the community. We had a church in Overtown that was stole by the City of Miami, the Church of Divine Mission. How, you know, finagled -- all that couldn't be bought was stolen. How the late Commissioner Teele, you know, just destroyed the church, and so now our church has become a crack house, and so I'm saying, if we look -- if the pop -- the black population in Miami how it's dwindled. It's almost 40 percent what it was in 1960, so we have to realize why are black people leaving Miami. Chairman Gonzalez: Thank you, sir. Mr. Casino: OK. Thank you, and please do the right thing, which you haven't -- Chairman Gonzalez: Good evening. Mr. Casino: -- done in a long time. Chairman Gonzalez: All right. Applause. Chairman Gonzalez: Very eloquent. Yes. Karen Cartwright: My name is Karen Cartwright, and I'm a resident of Overtown. I live at 1717 Northwest 5th Avenue. Good evening, Commissioners. For many years, I understand the Crosswinds project has been waving in the wind like a kite's tail. I have listened to many speakers here tonight, most of them who don't live in Overtown, a few state -- haven't stated their connection to Overtown, but most have none. Meanwhile, the residents have been subjected to extremely poor housing conditions due to the fact that many of the apartment buildings are owned by absentee landlords who are allowed too many liberties, numerous Code enforcement issues, law enforcement with their hands tied behind their backs, and lack sanitation, all in the name of oh, it's Overtown. A few persons who work in Overtown or use it as their stepping stone to the next grant allocation, or even worse, their cash cow, have been speaking as the City ofMiami Page 194 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 self-appointed voices of the residents. No one should have more to say about Overtown than the residents of Overtown. The homeless were given rights by the Pottinger decision. Who's going to give us ours? We will. How? By asking you to vote 'yes" to the Crosswinds project. To the residents of Overtown in this chamber and to those at home, ask yourselves, why are we fighting to stop Crosswinds? We should and must fight to improve where we live currently. Protest for better living conditions, jobs, and most of all, a healthy environment for us and our children. Can anyone tell me how much will the subsidies amount to and for how long? What will become of a person that's allotted a subsidy if they don't have the means to pay when the subsidized funds are no longer in place? The Crosswinds project is not our problem. Our problem is us, allowing others to lie to us, to manipulate us for their own goals and hidden agendas, leaving us high and dry until another promising fool's gold come along. We should ask the Janet Jackson question. What have you done for me lately? Absolutely nothing. Talk is cheap. Personally, I'm like the state ofMissouri. Show me. No more studies, structural or environmental. No more charrettes. No more excuses. No more purported saviors. Chairman Gonzalez: Thank you. Ms. Cartwright: Commissioners, do the residents of Overtown a service. Give Crosswind [sic] your vote. Allow us to work together to improve the housing, workforce, and our environment for all of the persons who truly love and want to be in Overtown. Chairman Gonzalez: Thank you. Ms. Cartwright: Thank you. Chairman Gonzalez: Thank you. I thought you told me that you were going to donate your time to the -- Mr. Fernandez: Excuse me. Ms. Armand: I wasn't donating my -- Chairman Gonzalez: -- video. I didn't -- Ms. Armand: -- time. I -- Chairman Gonzalez: -- forget. Ms. Armand: -- simply spoke to you about that because I was the one who wrote the letter asking for that time. I never spoke on that -- Chairman Gonzalez: OK, well -- Ms. Armand: -- on the project. Chairman Gonzalez: -- I'm going to allow you two minutes, even though -- Ms. Armand: Thank you. I only want -- Chairman Gonzalez: -- you told me that your time and the other lady time was -- Ms. Armand: I gave you a list -- Chairman Gonzalez: -- included in the presentation. City ofMiami Page 195 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Ms. Armand: -- of people who donated their time. My name was not on it. Chairman Gonzalez: Let's not argue because -- Ms. Armand: OK, good. Chairman Gonzalez: -- we're going to waste time arguing. Ms. Armand: I don't want to. Chairman Gonzalez: You got -- Ms. Armand: I don't want to argue. Chairman Gonzalez: -- two minutes -- Ms. Armand: Thank you. I appreciate it. Chairman Gonzalez: -- and after the lady -- and after the gentleman, I'm closing the public hearing. Ms. Armand: OK, great. There's been overwhelming opposition to the Crosswinds project on behalf of Overtown residents. Ms. Thompson: We need your name and -- Ms. Armand: Sure. Bernadette Armand. I live at 810 Northwest 47th Terrace, work at 1633 Northwest 3rdAvenue. The residents of Overtown have shown overwhelming opposition to the Crosswinds project. The City ofMiami has obviously worked with Crosswinds to organize support for the project, have obviously been organized themselves, and are organizing others. This is obviously a land grab the City is participating in. You guys are participating in stealing property from Overtown residents. I have a feeling we're going to get a lot of excuses about why you guys are voting for this project. We'll be told that this is going to bring affordable housing. This is good for Overtown. This is going to change Overtown. We know it's not true. We know what gentrification is. We know what city corruption is. We know what developer corruption is, and we're seeing it right now. There was a no -bid process for this thing. We're asking that an RFP (Request for Proposals) be put out and that this property go to bid so that people who want to develop low-income housing or affordable housing, things that people in Overtown can afford, can live there. Now nobody's asking for an empty lot. Nobody wants that. This lot was -- is empty now, but it wasn't empty 20 years ago. It was taken by the City ofMiami under eminent domain. People were evicted 20 years ago. One of our members, Mrs. Sturgis (phonetic), when she was a child, her family was pushed off that lot for development, so people were evicted off of there. It was destroyed, and now you're building Crosswinds after the property -- after the previous project was destroyed, and that's wrong, so I want our position to be clear. We want an RFP. We want a fair process. We don't want to continue participating in a corrupt development process. Thank you. Chairman Gonzalez: Thank you. Yes, sir. You're the last speaker. Marvin Weeks: Yes. Marvin Weeks, 4256 Northwest 7th Avenue. I'm with an organization called Timbuktu Marketplace, and I'm only using that name because I just want to bring a point out. That if you look at the keyword market -- and Timbuktu was a ancient empire where there were buildings and schools and all the finest learning that these people once had a heritage from, and I used that name because I want to emphasize that. My organization is about developing a new vision. It's about giving a better image of who we are. We're not poor people. City ofMiami Page 196 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 That's the name that we want to tag on ourself [sic]. If you're spiritually inclined, you should know that God said you are not a poor people, and we have to begin to begin to look beyond that. Timbuktu Marketplace, ifyou listen to that word market, we have been disconnected from the market. We've used that name just to illustrate an example, that you were once a great people. Just because the majority is following something -- I'd like to ask the question to them. Black people have traditionally followed all kinds of directions. We followed Jim Jones with Kool-Aid juice, and we know what end up happening, so the question today is that which is -- which direction -- what do we really follow and what's going to end up happening for us. I think the most important thing for us to look back and to begin to look at ourself [sic] historically; that, traditionally, all kinds of people have traditionally led us in -- sent us into different directions, but we have to begin to think what we can do economically and with a better vision of ourself [sic] and a better direction for our community, and we have Republican -- we have Democrat, but black folks have traditionally had to decide what was the best direction we had to take. We was given the pig to eat food, but we made a better decision, so I just want to say to us that, right now, we have to begin to use something as a impetus to begin for a new direction. You are not poor people. You're better people than that. You're great. You have a great, glorious past, so let's begin to -- in my opinion, there are negative things I see about this entire project, but as a impetus to begin to begin to develop something for Overtown, I will say 'yes" to the project because we need a new vision and a new direction, and realize that you are rich and great people. Chairman Gonzalez: Thank you very much. OK. The public hearing is closed. Mr. Fernandez: No. Chairman Gonzalez: It comes back to the Commission. Mr. Fernandez: Mr. Chairman, the applicant is entitled to a short -- Chairman Gonzalez: To rebuttal -- Mr. Fernandez: -- rebuttal. Chairman Gonzalez: -- to rebuttal. I know. That's what I was going to do. Mr. Fernandez: Oh, I'm sorry. Chairman Gonzalez: Thank you so much for -- Mr. Fernandez: Before you bring it back to you. Chairman Gonzalez: Even though it's been five hours, I'm still in control. Believe me, I'm still in control. Mr. Fernandez: I know. Chairman Gonzalez: Yes, sir. Mr. Bercow: Thank you, Mr. Chair and council mem -- Commission members, and Mr. City Attorney. I know it's been a long night. We've listened to almost three hours of opposition testimony. I want to take about five or ten minutes, fry to make the record. I will be quick, and I promise you that we won't be repetitive, and Mr. Glieberman, from Crosswinds, will speak at the end. The only issue before you today is the following: Is there substantial competent evidence in the record that this project satisfies the MUSP criteria, and that it's consistent with the Comprehensive Plan. Your staff the Planning Advisory Board, the UDRB, and the City's former City ofMiami Page 197 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Planning director all say "yes." Admittedly, this is a very emotional issue. That's what we've been hearing about. All of the opponents are talking about a fear of gentrification, and it's very emotional, but honestly, it's not relevant to the land use quasi-judicial issues before you today. Now I would like to ask Jack Luft to speak very briefly on the compatibility issue that was raised by a couple of the speakers, and then I'm going to wrap up, and you'll hear from Mr. Glieberman at the end. Mr. Fernandez: Again, Mr. Chairman, for the record, it's -- your indulgence is great. Typically, rebuttal is by the attorney in rebutting all the arguments. He's bringing one of his experts -- Mr. Bercow: One rebuttal witness. Mr. Fernandez: -- to -- Chairman Gonzalez: Yeah, because if we, you know -- Mr. Fernandez: Right, and so, you know -- Mr. Bercow: One rebuttal witness. Mr. Fernandez: -- the thing is to address the issues and please move it on, especially if you have one final speaker. Chairman Gonzalez: We don't want to go into a new -- Mr. Bercow: We will move quickly. Chairman Gonzalez: -- we don't want to go into another presentation. We already had a presentation. Mr. Fernandez: You -- Chairman Gonzalez: It's a rebuttal by the attorney -- Mr. Bercow: Jack, quickly. Chairman Gonzalez: -- because we have another attorney sitting over there, and then they're going to ask time to go back and talk about the issue. Mr. Luft: You were told that all of the relevant comparables were on the east side of the transit line. I want to remind you that these pictures here are on the west side. Chairman Gonzalez: OK. Mr. Luft: This one here, using your record, these are all in Overtown, in the redevelopment area, not in Park West. Chairman Gonzalez: All right. Thank you so much. Mr. Luft: The second issue is that -- Mr. Bercow: Go ahead. Mr. Luft: -- the -- Overtown is not a low-rise area, according to your Comprehensive Plan, according to your adopted redevelopment plan. It is a high -density redevelopment area that is City ofMiami Page 198 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 meant for the type of project that you've proposed. I showed you this graphic here, which shoes in your plan how you transition from the transit to the west. That's what this project does. It provides the transition in scale that is compatible, and the final thing is is that I do believe that this project is consistent with your Southeast Overtown DRI (Development of Regional Impact) increment too. Thank you. Mr. Bercow: Thank you, Jack. Chairman Gonzalez: Thank you. Mr. Bercow: You heard from Mr. Elsesser, the attorney for the objectors from Power U, that this is not a good deal for the City; that it'll increase property values. It's a bad deal for the City. The City's giving away property and accelerating the loss of affordable housing. Quite frankly, I don't get it. I don't understand the argument. First thing is, the City is not giving away this property. As you know, this deal has been carefully negotiated. Chairman Gonzalez: I was going to ask that question, and I would like that to be put on the record that -- Mr. Bercow: It's on the record, sir. Chairman Gonzalez: -- the City hasn't given the land to anybody. Mr. Bercow: Not giving it away; carefully negotiated this deal. Crosswinds is on the hook for over $21 million, over $21 million in this deal. They are taking -- excuse me -- a vacant lot in a frontier area. They are adding homeownership opportunities for low income, for moderate income, and for workforce housing families. They are increasing property values. That money is going to go into a tax increment that will go back into this area when the CRA is extended, and that money will be able to support a bond issue that can be used for infrastructure, and for affordable, low-income, and even very low-income housing, but for some reason, Mr. Elsesser says that's a bad deal. Now some specific points that he brought up. He said that this violates a bond that was issued by the City over 20 years ago. Again, not relevant; has nothing to do with the land use issues, but I am going to put into the record a letter from our litigation counsel that rebuts all of those assertions. He stated that there was no environmental impact study. I'm going to submit for the record the City's environmental impact study that says that Crosswinds is the preferred alternative, and finally, he complained that there was no housing impact analysis. The housing impact analysis is part of our economic impact analysis. The UM (University of Miami) law students talked about beautiful low-income projects around the country. I'm sure there are some, not relevant to the issue today. The video -- the witnesses from Detroit, not relevant to the issue on this property, this project today, and Mr. Glieberman can and will rebut that at the very end. Emily, the FIU law student, talked about mixed -use income projects requiring community planning -- you heard from Jack Luft earlier. There's been over 20 years of community planning, and I supplemented the record with the DRI development orders and the DRI application that shows the amount of planning that's gone into this area. This is a very emotional issue, and I put the discussion that we've heard today under the category of no good deed goes unpunished. As one of the speakers said earlier, Crosswinds may not be a cure-all, but it's a good start. The project's -- as we heard from Tony Jackson, and it's in his report -- overall focus is on creating homeownership housing opportunities for individuals and families whose respective incomes range between 40,000 and $100, 000. Twenty percent of those units are going to be moderate affordable housing under the City and State definition. That means that families with income of 80 percent to 120 percent of the median will be able to afford these units, and of those units, 50 units are going to be for low-income families, under the City and State definitions. The economic benefits of this project bear repeating, as you heard from Mr. Jackson. The total project economic benefits for the life of the project, direct and indirect, were approximately three quarters of a billion dollars. The annual economic benefits, direct and City ofMiami Page 199 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 indirect, once the project is built, is over $70 million. There'll be 740 construction jobs, 40 full-time jobs from the residential component, and somewhere between 300 and 450 jobs, full-time jobs, from the retail component. The Crosswinds agreement with the City also requires Crosswinds to recruit and attract minority and female contractors and subcontractors, and there are minority participation requirements that are part ofAppendix C that is in the environmental assessment that I'm putting in the record. There is also a first source hiring program that Crosswinds has committed to, and that is in their minority construction plan, and I will also submit that for the record. Again, Commissioners, no good deed goes unpunished, but Crosswinds believes this is a good deal for the City, but the deal is not the issue today. The issue is does this satisfy the criteria for a MUSP approval, and the answer, based on the substantial competent evidence, is overwhelmingly yes. I'd like to ask Mr. Glieberman to make a final statement for the record. Mr. Elsesser -- Mr. Elsesser: Before -- Mr. Bercow: -- there's no cross rebuttal -- Mr. Elsesser: I'm -- Mr. Bercow: -- in quasi-judicial -- Mr. Elsesser: -- objecting -- Mr. Bercow: -- matters. Chairman Gonzalez: No, sorry. Mr. Elsesser: -- to the -- Mr. Bercow: And I'm objecting to your -- Chairman Gonzalez: I'm sorry, no. Mr. Bercow: -- objecting. Mr. Elsesser: I am objecting to any entry into evidence in front of this hearing of the environmental assessment. Chairman Gonzalez: OK. You can object to -- Mr. Elsesser: OK. Chairman Gonzalez: -- everything you want, but there is -- rebuttal. It's their rebuttal and no more testimony. Mr. Elsesser: I just want on the record that I am objecting to the entry of that. Chairman Gonzalez: Fine. That's your right, and that has been taken into the record. Yes, sir. Mr. Glieberman: Thank you. Chairman Gonzalez: OK. Let's keep it quiet. We're frying to conclude this meeting tonight. Mr. Glieberman: In the interest of time -- I was going to say a few things, but I just want to put one thing on the record. We did agree and I -- when I gave -- read the items, I realized I left off - City ofMiami Page 200 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 - there is currently 20 percent affordable in this community. I did agree to give -- to do another 62 units that would be also affordable, which I -- is above what was in the agreements, so I wanted to go on the record to make sure that stated that. Also, there's been -- there was some concern about the fact that there were no three -bedrooms in the 50. I believe that we can work and get some subsidy so we can add some three -bedrooms into the 50, so I just wanted to make sure that was on the record. Thank you. Chairman Gonzalez: Thank you. All right. That concludes the presentations and the rebuttal. It comes back to the Commission. I'm going to start by Commissioner Regalado, then Commissioner Haskins -- Commissioner Spence -Jones: Commissioner. Chairman Gonzalez: -- Vice Chairman Sanchez, myself and then the district Commissioner. Is that all right with you? Commissioner Spence -Jones: Yes, Mr. Chairman, butl do want to just clear up some key points of things that were kind of brought out tonight or communicated, just to clear up, and then I do have my closing comments and my viewpoint about the issue. One of the things I really want to be clear about or I want to have further clarity on, there was a mention earlier by the other attorney, the opposing attorney, discussing the tax increment situation, meaning it going back into parking, and he used an ideal scene of how other communities had taken a certain percentage out of major deals to put towards low-income affordable housing units within that, and I believe he used a percentage of one percent, which kind of equated to like 150 units. I just wanted to get clear on -- and I don't know where he is, butt wanted to get clear on his comment when he said -- I don't know where he is. You mentioned something about one percent of the development. I just want to hear what that -- Mr. Elsesser: My comment was that many cities in this country have inclusionary zoning ordinances where they ask for 10 to 15 percent of units in mark -- in regular developments, without any subsidy, to be affordable to -- Commissioner Spence -Jones: So you said -- Mr. Elsesser: -- 80 percent -- Commissioner Spence -Jones: --10 to 15 percent? Mr. Elsesser: Ten to fifteen percent, yes. Commissioner Spence -Jones: OK. Mr. Elsesser: That was my comment. Commissioner Spence -Jones: Of the overall amount? Mr. Elsesser: Yes. Commissioner Spence -Jones: OK. OK, that was one question. Then there was another statement that was made by someone else in the audience in regards to the scale of the project and how -- guess the surrounding units, there were homes that it didn't kind of fit in within the scale, and I just want to clear up a couple things because sometimes I think we get confused about where the four lots are, and if we know where the four lots are, we know that everything surrounding this, at this point, is ten stories high and above. I think it's very important to say that. The transit building, which just got built -- the new one's coming on-line that's at least ten City ofMiami Page 201 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 floors higher. There's another building that just got approved --18, I'm sorry, 18 stories high. Then right on the opposite side of these four lots, there's another project, a office building project that just got approved, which I think is another 30 stories, so I'm a little confused when we say everything around it is low, when, clearly, everything around it, in that particular section -- not in the heart of Overtown. We're talking about on 6th Street; everything is high. They're all tall buildings, and this building seems to be a little lower, so I think it's really important that we give good information because sometimes we make decisions not off of truths, so it's really important for me to make sure that I'm clear on that. I'm glad that Mr. Glieberman did mention the three -bedroom units, and at least there's a commitment to address that because I do have a concern with not having any three -bedrooms included in this project because I know that many of the residents that we would want to provide subsidies to have family members that definitely would need at least three bedrooms, so I'm glad that that was included. The other issue or concern I have, in just listening to both sides, was -- I don't know if it was UM, but -- or another young lady that talked about things that could have been added into the project to at least make it more palatable for the community, like a library or a childcare services, or services for the seniors, or whatever the case may be. I'm not really sure whether or not, in the midst of all these mini meetings that have taken place over 20 years, if some of those issues were actually, you know, considered in any of these projects, and then my question becomes, is that something that can be considered when we're talking about the additional space that's added, from a retail standpoint, the childcare -type services, if those are options, so I really wanted to at least -- I thought that those suggestions were great suggestions. Then there was a comment that was made regarding -- you know, and -- regarding the rehabbing of the existing units that are there, and that's one -- that's been one of my biggest concerns, period, in Overtown, is that, you know, before we can talk about rebuilding a community, we really have to focus on cleaning up what we have, and there's been so much -- so many years of neglect on behalf of slum landlords to even clean up the property that most of the people that are living within the units that they're living in are just living in unbearable conditions, so one of the major things that I really want to make sure -- and this is more addressed to us, but we've heard it a lot today, is to make sure, from a City standpoint and a CRA standpoint that we mandate that we try to take some of these resources that we've mentioned that we're going to make available to utilize -- to help rehab the existing units that we have already to make sure the housing stock is better so that our community is not in the position that it's in, and then last, but not least, and then I'm going to allow for my colleagues to make their comments, but there was a mention of -- I don't know if it was Neil or someone mentioned to the fact that, you know, we keep talking about Crosswinds as a project and -- as if that is the only project or only thing in the whole entire community, and that we need to kind of consider what needs to happen from a holistic standpoint, a comprehensive standpoint, and I kind of felt that there was not a lot of discussion today around what are we trying to do for the overall area to improve, so my thought on all of that when I heard it was really making sure -- and I'm assuming that the Overtown Folklife District group that has been formed and have been working together, and we've -- and one of my major objectives in all of this -- and I want to tell my colleagues because they don't really realize this, but over the last ten months when I got in office, I thought that one of the most important things I needed to do was to mobilize at least the property owners around the buildings, around the proposed lots to make sure that they were on the same page about what they wanted to see happen regarding this project because I thought that it was really important. They wanted to see -- not only regarding this project, but what they wanted to see happen within their area, what they wanted to see happen within their own -- with their properties that they own because I found that, in my discovery on all of this, is that a lot of people assume, the masons, the longshoremen, Black Archives, Bethel AME, all these groups that have at least come together to at least form a property association to kind of protect their particular communities, nobody thought they could ever come together. No one ever thought that they could sit down to the table and kind of work together to figure out what made sense with the property that they owned, and I think that, over the last ten months, them meeting, you know, on Saturdays trying to -- because one of the things I was trying to really, really make sure we did was that we empowered those people to make decisions for what happened in their particular community. I live in Liberty City. I don't live in City ofMiami Page 202 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Overtown, butt would want to make sure that if folks had -- if something was going to take place within my area in which I live, that I at least had my input about what I wanted to see happen there, so I'm glad that the Overtown Folklife District folks and the stakeholders were at least able to come up with a comprehensive plan today. I thought that was very important to have it included, but I just kind of -- in the midst of this presentation, I think this somehow -- that somehow got lost, and we never really got a chance to really understand, you know, the overall objective of making the whole Overtown go up, so I just -- those are my only -- I just wanted to at least address some of the comments that came from the audience tonight, and then I have my closing comments, but I definitely want to hear from my colleagues first. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. The attorneys keep reminding us that this is about technical; that what we are voting here is about what the design or the structure or the different regulations are met, and that we should vote yes or no, but -- and one of the attorneys did recognize that there was a lot of passion, and I think that it is important that we understand that this passion is because the lack of trust of the people in governments because of the history of the area and of the government, and it is important that we understand that there is a underlying problem in all these projects that we approve or modify or send back to the different boards, and it's because the concern of many people about their future, and how can the people respond, one fundamental question. How can we respond? One fundamental question, and the question is who can buy affordable? We have been told affordable, affordable this, affordable that, but the fact of the matter is there are some segments of our society that cannot and will never be able to afford affordable. There are people that need to have rentals because they live on a check. There are people that just have a job that cannot even think of buying a condominium because, even if the City helps, even if the County helps, you will be stuck with taxes and fees, and mortgage, and assessment -- Chairman Gonzalez: And insurance. Commissioner Regalado: -- and maintenance and insurance, and you know what? In two month, the same people that we took pictures with with a key will be giving us back the key. We just have to realize that. There is a segment that can access those kind of buildings, and there are segments that cannot access and will be like that forever because they're workers, and it is our responsibility to protect both segment of the residents. One thing is for sure, I am troubled and I am really concerned that, in the name of progress, we have been moving farther and farther people that cannot afford those new buildings that are being built in the name of progress, and it is difficult to see the future of the poor people in the City ofMiami if we could, in the name of progress, being so naive that we could believe that the poor people would have access to these kind of buildings. Next Monday, we will be meeting in the Lyric Theater, the CRA is, and I remember when the Lyric Theater was closed and almost abandoned, and now it's a reality, which means that if government really put their heads together and if the people help, things can be built. The Lyric today is the diamond of Overtown, and we are proud of it. Took years, but it was done, so I don't see why not -- we cannot use empty lots and use the money that the CRA generates to build not affordable, but rental, subsidized because, you know, governments do need to lose money in order to protect the residents. This project has been given, I think, about -- ifI remember well, like $10 million subsidy in TIF money, so taxes -- they will not be -- need to pay, so they're getting something for their courage to go into an area that not too many people have gone before, but I don't think that we can just claim victory by approving this project without a hard commitment to the people of the area that the government would seriously and quickly try to work on rentals and fixing what we have, and also, working on ways to subsidize the rental because, you know, some people here were right. As soon as that construction start going up, the property appraisal, the tax collector will just raise the property values of the buildings around that property, and the owners of those rental properties will, in turn, increase the rent to the tenants in 100 or 200 percent. It is a sad moment for governments City ofMiami Page 203 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 when we cannot have control of the future of many people. I would bet you that, even if we do whatever we can, 90 percent of the people here will never be able to have the possibility of having access to an affordable condo because that's the way it is. That's the way life is, so Mr. Chairman -- and I do respect the area Commissioner, butl think that my vote will be not related to the project, but more to make the people understand that we need to work harder in taking care of the people that we already have, rather than working full-time to bring new people to the area. Applause. Commissioner Regalado: Sorry. Chairman Gonzalez: Thank you. Commissioner Regalado: Thank you. Commissioner Haskins: Matthew Schwartz, are you -- is Matthew here? How many units is this -- is in this project in total? Mr. Schwartz: In total, it's 1,050 units. Commissioner Haskins: OK. Is anyone aware that, currently, under construction or in planning in Overtown, we have over 700 affordable rental units funded by the City? They're in planning, affordable rental, tax credit, a low and extremely low-income people, absolutely, and that's part of the problem, and that's part of the problem. It's looking at this situation in its entirety, because what somebody said earlier that Crosswinds is not the answer to cure all the ills, it is part of an answer to cure -- Unidentified Speaker: No. It's not part of an answer. Commissioner Haskins: Excuse me, ma'am. That's not your place -- Unidentified Speaker: It is mine. I live there -- Commissioner Haskins: -- to -- Unidentified Speaker: -- you don't. Commissioner Haskins: It is part of a strategy to address this issue on a holistic basis. Overtown was destroyed by actions of the City, by letting expressways run through it and not having an effective CRA. Matthew, could you bring up the chart that shows how many years this project has been in the planning stages? Chairman Gonzalez: Since -- Commissioner Haskins: I think it's in that fhpchart. Chairman Gonzalez:--1973, I believe. Commissioner Haskins: Could you just kind of read off all the critical dates? I just -- Mr. Schwartz: (INAUDIBLE) I could tell you -- Commissioner Haskins: No. I would like the chart up, and I'd like it to be up on the screen so people can see it, but in 1973, there was an urban development and zoning plan. In 1976, a City ofMiami Page 204 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Miami comprehensive neighborhood development plan. From 1979 to '80, an Overtown redevelopment plan. In 1982, a Southeast Overtown/Park West development plan. In August of 1984, design guidelines and standards for Southeast Overtown/Park West. In 1994, Overtown transit station area design and development; 1989, Historic Overtown Folklife Village master plan; 1989, downtown Miami master plan. We go on and on. In my prior role in the City, I had the opportunity to go back to these records from the late '70s and early '80s in the City, and part of those records was this project that came out out of all this 1970s and '80s planning, and it is very, very, very much like the Crosswinds project, so the plan that was developed for Overtown and the project that was developed for Overtown has been very consistent over the years. All of these plans were done with significant community input. Matthew, could you talk about the input from community that's been done over the years, since you were with the City then? Mr. Schwartz: Well, in the 24 years that was with the City -- I was just talking to Jack about that. Between us, we could count from between 75 and 100 meetings, butl think, most importantly, in 1979, the redevelopment -- (OUTBURST FROM THE AUDIENCE.) Mr. Schwartz: I did want to mention that, in 1979, the City set up a task force of 30 community leaders in Overtown that spent one year voting on the plan, and the plan that came out was basically the same plan. Ms. Watson: (UNINTELLIGIBLE), but really, the Commissioner -- Chairman Gonzalez: Sergeant at arms. Ms. Watson: -- is nasty. The Commissioner is nasty. We vote for you all, but you all are selling yourself for money. Commissioner Haskins: It's OK. We'll go through this -- Vice Chairman Sanchez: It's all right. Chairman Gonzalez: All right. Commissioner Haskins: -- so that we have it on the record, OK? I would like to have this on the record. Mr. Schwartz: And that plan was rolled into the nine -- as Jack -- as shown as on that chart, the 1982 redevelopment plan that was approved by both the City and the County, and there were extensive public reviews, and there were people opposed to it and people for it, but it was determined -- and the community told us at that time they wanted middle -income housing back in Overtown, and they wanted to be assured that people living in this area, the four blocks, would not be displaced out of the community (UNINTELLIGIBLE) the mistakes that were made previously. Before anyone was relocated in that development, when the City and the County bought the property, there was replacement housing in Overtown. It was a very smooth process. In fact, the last of the public housing units was presented then, but -- and I think -- and this goes on to the -- every plan there is mentioned. It is the same plan. The unit count changes somewhat. Also, in 1986, the City issued a UDP (Unified Development Project) looking for developers, and the developers said -- basically, it was that same plan. Commissioner Haskins: Yeah. Mr. Schwartz: The developers were selected. City ofMiami Page 205 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Haskins: It was a big Miami Herald article on that in the files. It was a -- not a low-income housing project. It was affordable. It was going to charge -- there was a small rental component with rent at $800 a month, when the current rents on Brickell were over a thou -- were like 1,200 a month, so it was -- that's what the Herald article said. Mr. Schwartz: And this was part of a process that the City, concerned about providing replacement housing in Overtown, created a community there, but also, to create workforce housing for Miami, the downtown, for the economic viability, and there's something that came out of this, and I guess, I have the mike (UNINTELLIGIBLE) -- it has been an extensive public investment in Overtown. It is -- Commissioner, as you have mentioned, it is not this one project. IfI could just show you -- Commissioner Haskins: Can I --? Mr. Schwartz: No? Commissioner Haskins: Let's -- Mr. Schwartz: OK, I'm sorry. Commissioner Haskins: -- just -- I just wanted to get a few -- Mr. Schwartz: You want to go back to --? Commissioner Haskins: -- things on the record. When we -- when -- as with -- you know, the changes that have gone on with Michelle coming in as the District 5 Commissioner, and on trying to take a focus on the long-term development -- or I shouldn't say development -- the long-term evolution of Overtown, because it was a thriving community; expressways come through, and now it's a depressed community. There's been a lot of thought put into this, whether it's the Historic Folklife District or the need for affordable rental, the Crosswinds project, all sorts of-- or this -- no, I shouldn't call it Crosswinds -- the Sawyer's Walk project, all sorts of things. One of the things that really strikes me here is this -- Southeast Overtown/Park West has existed since 1982. The current tax increment for the Southeast Overtown/Park West CRA is only $5 million a year. This project is going to generate a tax increment, all on its own, of $4.5 million a year. Vice Chairman Sanchez: For housing. Commissioner Haskins: Four and a half million dollars a year is what this project alone is going to generate, and the intent for the CRA and the clear mission for us today is that we're going to take those monies and put them back into housing, affordable rental, you know, tax credit -- the tax credit rental, where it's for the very low income, those projects, except Section 8 vouchers, those sorts of things, so this project alone is generating a -- doubling, literally doubling the revenue sources for the Southeast Overtown/Park West CRA, and I don't think we can underestimate the value of that, for purposes of taking that money and plowing it back into this small area, which is what it was supposed to do all along, and I understand the emotions involved because we deal with, everyday in the City, the issues of gentrification and what we call gentrification through taxation with what happens with our property -- how the property appraiser accesses properties. What I'd like to see is for us to be able to get people more involved in this process so they understand more of what's happening. The City doesn't control the boarded up housing units in Overtown. Those are managed by the County's housing agency. Barbara Rodriguez, how much -- how many discussions have we had with the County about trying to get their Section 8 housing units rehabbed and reopened? Barbara Gomez -Rodriguez (Director): Barbara Gomez -Rodriguez, Department of Community City ofMiami Page 206 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Development. We had major meetings with the County to get them open, as well as, Commissioner Spence -Jones, the issue of rehabbing public housing and some of the Section 8 landlords. Commissioner Haskins: I also want to give you an idea -- and just not the Southeast Overtown/Park West CRA and this project generating $4.5 million of revenues for that. I want it on the record that the City only receives, from the federal government for housing dollars, about $4.5 million a year, not quite that, in HOME (Home Investment Partnership Program) monies. That's a drop in the bucket. The County receives over $40 million a year in surtax dollars alone. When the "House of Lies" articles hit, the County was sitting on over $90 million of unallocated, not unspent, fund balance and surtax dollars. That doesn't count the 20 million tied up with one developer -- one agency that hadn't built one home, so the City needs to be able to take -- to do what it can do, and this is something we can do, and I think it creates a real economic engine -- helps create an economic engine. I think the things that we've done with our HOME funds in building tax credit rentals, over 700 units in Overtown, is significant. That's almost as big as this project, two-thirds as big, but what we really need to do is make sure that the County is doing the things that they should do, as well. We don't want any more GSA (General Services Administration) yards in Overtown. The transit building that they built in -- the transportation building they built in Overtown, they wouldn't build in any other area of the County. It's the ugliest building around. They junk us up. I mean, I look at that from the expressway and I just - - it's horrific. The property appraiser needs to be more understanding of what he's doing in killing affordable housing. He has got to look at an income approach, not relative sales value approach for housing. With all that said, I am willing to vote to approve this project. Chairman Gonzalez: Thank you. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, it certainly has been a long night on this issue -- Chairman Gonzalez: Yeah. Vice Chairman Sanchez: -- and I think Linda touched on a lot of the issues that wanted to express. I am very sympathetic to the concerns that have been brought out here. I mean, there's -- gentrification is a problem. Affordable housing crisis is another problem. Preserving the historic value of Overtown is something that we all need to work to make -- to assure that we do that, but let me tell you what think that my -- our responsibility is here. Our responsibility is to provide opportunity, opportunity for the next generation, whether it's through education, whether it is making sure that they're able to seek a job and not end up in jail, as our jails are filled with Afro Americans who have not been given a fair opportunity in many ways, and that is what government needs to do. We need to provide opportunity for people. I've been here as a Commissioner now for eight years, and let me tell you, the government has promised a lot and has not delivered anything to Overtown. Overtown has been the forgotten city -- or the forgotten part of our city. At one time, it was the doughnut hole because all the cranes around it were, you know, going up, and nothing was happening in Overtown, and people -- the residents of Overtown were asking for things to happen in Overtown. Well, now we have an opportunity to present a project that it is not the solution to the problem, but it is a great start, and it's a start to provide people with jobs, and if you look at the numbers -- and what's impressive -- and you talked about the numbers. What look at is that you're going to be able to provide 400 and -- no, 740 full-time jobs during the construction phase, and it is our responsibility to make sure that people from Overtown are making those 18 bucks an hour; that they do everything they can to provide jobs so they could buy and move into Wynwood -- Crosswind [sic]. There's so many projects going on it's hard to keep up with the City, butl could tell you this much. The good Lord said, help yourself and I will help you, and we need to start changing the mind frame of people in this community that think that because they're young -- and you see so many of them here that don't want to go out there and don't want to look for a job and don't want to get a job, and everything's a hand-me-down. Well, when things are like that, maybe you can't afford to buy City ofMiami Page 207 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 a house, maybe you can't afford to be driving a Cadillac, but you know what? We live in the greatest country in the world, that if you go out there and you work hard and you sacrifice -- Chairman Gonzalez: And you hustle. Commissioner Sanchez: -- you could accomplish anything you want to do, and I look at my parents -- Applause. Vice Chairman Sanchez: -- who came to this country -- and we could all have a similar story -- with nothing, nothing; couldn't say a word in English, and my parents worked. They cleaned offices. They cut grass. They went out there and they said, you know what? We're here in America. They've given us an opportunity and we're going to accomplish that American Dream. I lost my father two years ago. Let me tell you something. He ended up owning two homes, two apartments, and his own business, a guy who couldn't even read, so don't tell me that you're going to come to this country and we're going to hand out -- send things down to you. It ain't going to happen, but we, as a government, need to help you accomplish that, and we do have responsibilities with the elderly, the disabled, and those that not get take -- can't take -- cannot take care of themselves, we will take care of you, but if you could take care of yourself, you need to get off your you -know -what and make it happen. Chairman Gonzalez: Thank you. Commissioner. Commissioner Spence -Jones: OK. Chairman Gonzalez: Do you want me to -- Commissioner Spence -Jones: Um -hum. Chairman Gonzalez: -- address it now and let you close? Commissioner Spence -Jones: You want to -- you going to --? Chairman Gonzalez: You want to close? Commissioner Spence -Jones: Yeah, I want to close. Do you want to -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- talk? Chairman Gonzalez: Yeah. Many of the things that I was going to say have been said already by Commissioner Haskins and my colleague, Vice Chairman Sanchez, and let me tell you, the problem of affordable housing is not only in Alla -- in Overtown. Vice Chairman Sanchez: Everywhere. Chairman Gonzalez: It's in Wynwood; it's in Allapattah; it's in Little Havana. The -- you know, that concept of affordable housing today is a lie, you know, at least for the poor people. Like Commissioner Regalado says, there are people that will never be able to buy a home. Unfortunately, that's life. That's the truth of life. You know, we may not like it, but that's the way it is, and it's not going to change. There are people that are going to have to rent. Now we could still have more affordable homeownership housing if the federal government wouldn't insist on keeping -- cutting the monies that are coming down to this County and to this City every year. I've been a Commissioner six years. For six consecutive years, the federal government City ofMiami Page 208 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 have been cutting the grants for HOME and for federal programs to build homeownership affordable housing. At one point -- I think Barbara is still here -- the County, ifI remember correctly, had over $50 million on expended money that was supposed to be used in affordable housing. Is that correct, 50 or $60 million? Ms. Gomez -Rodriguez: When we checked the surtax, they had unallocated $90 million. In -- Chairman Gonzalez: Ninety million dollars. Ms. Gomez -Rodriguez: -- January of this year, they had $25 million of HOME. Chairman Gonzalez: Twenty-five million dollars of HOME, sitting in a bank account and thousands of needy people out there without housing. You know, great government, great way to manage money. They also have a lot of affordable or low-income house -- rental housing, apartments that have been closed for the last -- that remember, in my district, in Allapattah -- six, seven years, the building have been shut down. Maybe 600 units, 500 units, empty; thousands of people out there needing rental units, low-income rental units. Well, nothing is happening. It is very hard, believe me, to qualify low-income family to buy units, and I know this by a fact because what did in Allapattah was build affordable housing units and qualify buyers, and believe it or not, to find 30 buyers, we had to go over a list of 190 applicants. Why? Because either you make too much, or you make too little, or you make the right amount, but you have too many debts, so believe me, it is not easy. Either you're -- either there isn't enough in the family; maybe a couple, they should be three. There should be a couple and children, or a couple and two children, so there is so many regulations tied to these monies that, really, it's a joke. That's why, when I keep hearing affordable housing and affordable housing, I laugh because I know the inside of affordable housing. I've been there, and I know that it's -- and everyday it's becoming more ridiculous what is happening with the affordable housing market. The fact of the matter is that, in fact, there going to be a lot of money in the CRA, and you know, let me tell you. I have serious problems with CRA, serious problems and serious concerns, and the problems and the concerns that have with the CRA is that the CRA has been in existence for I don't know how many years, and what have they built in Overtown? It's time for them to get off their you -know -what and start producing and start building and start doing projects because they have money, and they will have enough money to, in fact, build rental affordable units for the poor people of Overtown, but the money has to come from there because the money is not coming down from Washington, and I don't know when that is going to change, but I foresee that, for the next couple of years or so, it's not going to change. It's going to be the same cutting, cutting, cutting, cutting, OK. They even cutting money for the food for the elderly, so imagine sending money to build houses when they taking the food away from the senior citizens, so with the money that the CRA is generating and is going to generate, yeah, in fact, some buildings could be built for affordable rental for the poor people in Overtown, but let me tell you. If nothing is done in Overtown, Overtown is going to remain the way it is. There are no miracles in here. You know, nothing is going to happen. How can you expect anyone to go and open a business in Overtown when there is no clientele or there is no buying power to go to the stores, or to go to the supermarkets, or to go to the -- and buy and invest? So there is no economic development. You have to start somewhere and bring some people that have buying power and that can spend money to start investing in the community and opening businesses, and that will generate jobs and that will multiply. Now, the way it is, well, you know, they're going to have the same thing that they have had in the past, and let me tell you, I personally feel very bad about it because I see what is happening in my district, and I'm very proud of the projects that have -- been going on in my district, the development, and I know that some people get jealous and they get upset, even people from Overtown, you know. Look what's going on in Allapattah. Yeah, but every time I have a good project that is -- wants to come into my district, I say come on. Come on because I want more investment in my district. I want more people with more buying power, and let me tell you. I'm the president of the Chamber of Commerce in Allapattah, and I've been talking to my businesspeople over there, and the business is -- are increasing, and you know why City ofMiami Page 209 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 they're increasing? Because we have built more than 5,000 units in Allapattah, and those 5,000 families are buying in the businesses in my community, and that's what generate economic development, and that's what generate jobs, so if we want to change Overtown, I'm going to be supporting the project because I think it's the right thing to do. You know, it's time to change the area and to bring something positive that start the renovation -- I remember, in 1960, when I came to Miami -- I came here in 1960. I remember Overtown. Overtown was a striving [sic] community. I remember the nightclubs. I remember the restaurants, the theaters. I remember Overtown, and it was destroyed. It's like a ghost town, and I feel bad seeing that community that is not taking -- is not having an opportunity to be like every other community in this City of Miami. You know, we had a theme once, two years ago, that said, "One City, One Future." Well, it hasn't been like that for Overtown, and I think it's time for it to change. Thank you. Commissioner Spence -Jones: Thank you, Mr. Chairman. Well, today has definitely been an interesting day for me, I can say. I think that, after being in office for almost a year now, I knew that one of my biggest issues that I had to handle -- because I was dealing with it during the campaign -- was going to be this project, and from the very beginning, once I decided to actually get in this race, and even before I actually got in the race, I had my very strong feelings about the project, so once I got elected, those viewpoints really basically remain the same. Anybody that was somewhat close to the project, I was running in another room frying to get away from them, and I'm sure Mark Coates and -- I don't know where Matt is. If we could pull these boards down -- ifI saw them coming, I was going in a different direction, OK, and that was because I had my very strong viewpoints about it, so I knew that this project was one of my first priorities, but I also knew that, from the very beginning, was that the Overtown residents were always going to be put first in whatever decision that I decided to make, but I wanted to make sure that I made a well-informed decision, and that meant making a decision that was not made in a vacuum, not off other people's opinions, not off emotionalism, but off facts. I wanted to be involved in a learning process that involved listening and learning from community activists, stakeholders, and others that felt they had the best solution for the residents of Overtown. I really, really felt that it was important for me to hear from all different perspectives, so I did my own research, independently, of existing processes, and I decided personally that I wanted to visit other cities to look at how they was kind of addressing this whole issue of gentrification because, during my campaign, you know, gentrification was the big word, and people were pushing very hard on, you know, people being moved out of their communities and other people moving in, so I really wanted to understand how other communities dealt with this issue, so I went to Detroit, where the famous Crosswinds project was, and by the way, when I went to Defroit, I went by way of being invited by the Mayor's Office, Kwame, African American mayor, young, like myself and I really wanted to get their viewpoint about what they thought about the project and what it did for the downtown area, and what it did for, you know, the community in Defroit because I thought it was important for me to hear it. I thought it was important for me to hear from the residents that lived in Defroit about how they felt about the project, and it's amazing, just like we sit in here today, you know, you -- you know, it sound like it was two different projects, based upon the folks that came from Detroit here and the people that I met there. I mean, it was the best thing since sliced bread, in visiting the city. Went to the Bronx and looked at some of the redevelopment projects, and I went to Chicago, where Mayor Daley was, and I was very impressed with how the mayor addressed the same similar issue, but including mixed -use housing as a part of it, which was -- I thought was just awesome. It really gave me a different viewpoint to talk to some of the family members that had been a part of Cabrini Green, the famous Cabrini Green that everybody talks about, the worst projects on the planet, and how they were happy to be -- for the first time, to be homeowners, even though they had deep subsidies or even though they had, you know, projects or programs put in place to -- you know, either rent to own or lease to purchase. You know, it was enlightening to hear that they had -- were able to purchase their units right next door -- or become a part of a program or enroll into a program so that they could eventually purchase their unit right next door to somebody that might have paid four or five hundred thousand dollars for a unit. I mean, these families were very happy. Clean neighborhoods, clean streets, you know, so for me, I wanted to see it for City ofMiami Page 210 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 myself because a lot of times you can sit and listen to what everything that everybody else has to say, but until you actually go and experience something or experience the actual environment yourself you know, you really just don't know, so I took it upon myself to do that, and I appreciate the two ladies that came from Detroit to speak out against the project. I'm sure, in Defroit, they were very adamant, just like Power U is here, about what was happening in Defroit, and that's to be commendable that they would take that frip all the way here to give their viewpoint, but the other major revelation that I had, in going from city to city, was I had the opportunity -- and I don't know how many people have actually had opportunity to read it, but I had a opportunity to read this book called Black Miami in the 20th Century by Dr. Dunn, and most of us know Dr. Dunn because he, you know, is a historian. He does a lot of stuff, and he's, you know, doing -- still working in Overtown to, you know, beautify and keep it clean, but because I was on a plane going back and forth, I was reading the whole -- I read the whole book, and one of the things that just really blew me away -- and I consider myself to be an avid supporter of -- I'm just going to say ofAfrican Americans, and all my colleagues on the dais know that I'm always pushing to make sure -- and staffers know that I'm always pushing to make sure that we have inclusion in whatever happens within the system, within the City, within, you know, projects because I am that voice, and I have a responsibility to make sure that that happens, but in reading this book, I was blown away -- and I really would hope that those same folks that, you know, came and listened tonight would take out the time to read about how -- and as a young person -- because you hear it all the time. Dr. Fields preaches to us all the time about Overtown and what it used to be, but when you actually read this and you see how much -- you know, how much -- actually, we built this town. We helped build Miami. We helped establish Miami. You know, and you look at the thriving businesses that were here at one time or another -- and I showed Commissioner Sanchez. In the early 1900s, we had 15, you know, different types of industries within Overtown, equating to almost about, I don't know, 40, 50 businesses, and then in 1915, it went to almost a hundred and something businesses, and I'm not talking about -- I mean, barbershops; we had nine of them. Drug stores; we had three of them. You know, grocery stores; we had 17 of them, you know, and insurance companies -- we can't even find an insurance company in Overtown right now -- three of them. You know, and I do understand, you know, that times change, but we were a vibrant community and we were proud people. Music and entertainment -- anybody knew that, when they came to Overtown, that they knew that it had to be the stop. You know, Harlem Square and Cotton Club and, you know, those things were important to the fabric of Overtown, and then, of course, what we always hear now, like today, when we're talking about the area, because we very seldom, you know, concentrate on the good of the area. We only concentrating on the bad part of it, but then came integration. Of course, what we always hear about the expressway, the riots, and then the slamps [sic] -- I call them the slum landlords, and from that point on, we lost Overtown. That is what happened, and to sit up in a room today -- and it's amazing because, you know, over the last ten months, I spent a lot of time in Overtown, two or three days a week making sure -- and I don't know if my NET administrator is here now or he's gone already, but -- Unidentified Speaker: No, he's right there. Commissioner Spence -Jones: OK -- knows that I spent a lot of time making sure that we addressed a lot of issues there, making sure that we, you know, exposed people to, you know, projects and programs, and whatever was necessary because, for some reason, this community had been -- had felt as though they were left behind, and to sit in a room today and just hear the division that was taking place between people in a place over a project is crazy, is shameful. You know, at the end of the day, even the folks that are for the project that are sitting here that I consider to be stakeholders that have been there longer than I've been born, should -- and the newcomers that just came -- that were against the project, they need to be able to sit down and talk and discuss or create a plan. If you don't like the plan, then give us a plan. You can't just keep saying that it's going to come or we don't want this without having a solution to what we see is a problem, so after engaging in this process and being exposed to the history, and reading this book, and going from place to place, I was more than committed to stay focused on one City ofMiami Page 211 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 thing, not gentrification, but revitalization because, to me, that's what we needed to do to revitalize Overtown, creating a new Overtown that reflects the history, the culture, and the people that live and made Overtown what it was. Vice Chairman Sanchez: Amen. Commissioner Spence -Jones: To me, for us not to think that that is the goal is insane, even from my generation's standpoint. Most of my generation, when they decide -- when they graduate and they go on or whatever, they not trying to come back to Overtown because there ain't nothing for them to come back to, so I just want to say, later, you know, after being armed, you know, with learning everything from these different cities, these community activists, and stakeholders, and the residents of Overtown, I began to work with the Adminisfration -- Administration can tell you -- to incorporate what I learned from other cities and other communities, and of course, my own community. I have to say I believe in the public process, and that was brought out a lot tonight, and I'm glad that Commissioner Haskins at least put on the record how many times there was different meetings and -- we've been charretted [sic] to death in Overtown -- you know, about public input. I believe in the diverse views and making sure, you know, that all people have the input of what they need to see happen in their neighborhoods, and I've been fighting on that for the last ten months. There have been projects that came to Overtown and I've shut them down because it did not focus on the overall plan of helping the entire community, but ultimately, the decision and the responsibility lies within me and what I need to do to support the residents of Overtown. I do want to say I knocked on many doors last month -- a month or so ago with the Wake Up Miami campaign, and you see me wear this button everywhere I go because I didn't want to hear from one particular group. I didn't want to hear from this other particular group. I personally wanted to knock on doors and ask questions to the residents that lived everyday, that ain't got time to go to no meetings, they just frying to live, trying to be on their jobs, take care of their families. I wanted to knock on their doors to ask them what they wanted to see happen in their neighborhoods because I thought that was important, and I have to say, I have a real good gauge of what I think the residents of Overtown want to see happen. As I stated from the onset, my priorities are the Overtown residents, the preservation of the culture, heritage of Overtown, and the preservation of the existing community of Overtown. Some of you may have heard or may have missed it, but two days ago, we made a major announcement committing 300 -- excuse me, $30 million for further development, affordable housing, and rental from the CRA in the newly formed district, the Historic Overtown Folklife District. Thirty million dollars. Not one time did anybody coming up opposing the project tonight said anything about it. We put -- or we -- as a Commission -- again, we have to vote on this on Monday, but you know, we all understand that we're in a housing crisis. We all understand that something must be done, but not one person ever mentioned how important it was to be able to have money set aside to be able to assist with affordable housing. That never came up, so that makes me think, then what is the true intention? What is your true intention? Because if you ask me for $25 million, during a budget hearing, for affordable housing, not just me, but the whole Commission, then we turn around and give you 30 million because you want to make sure that it's for Overtown, and we do that, and we make a commitment to make sure we take it up on Monday, of course, with my colleagues, and hopefully, I will get 100 percent support on that, and I'm sure we will, but everything you asked for, we did that and a little more, so in this regard, I -- like I said, I've worked with the Adminisfration and the community to create more low-income housing options that is within the price range of these -- of the people presently living in Overtown. That was the purpose of the $30 million. It was to say, you know what? I understand that, in order for things to happen within this district or within this particular community, we got to have a jump-start. We have to have something happen now, you know, but in the midst of this something happening now, I want to make sure I carve out some dollars that, no matter what -- because everyone's not going to be able to buy. People -- some people will only be able to rent. I want to make sure that my senior center -- senior citizens have a place to live. I want to make sure my young families that are trying to keep their families together and live their lives have the opportunity to have -- just like any other person that decides to live or stay in Overtown, so I just -- to have this City ofMiami Page 212 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 discussion tonight and not even have that be mentioned, especially when it was recommended that that needed to happen for Overtown, makes me really question folk's frue, frue, frue intention, so I wanted to say to the City Manager tonight -- and I appreciate my colleagues allowing for me to say this because -- say the things that I need to say because I think that it's important to always put the entire viewpoint out because I can say, from my community's standpoint, we get so caught up in hype, most of the time, that we very seldom focus on fact, and a lot of times, what happens to us in the midst of that is that we get lost or left behind, so I would like to direct the City Manager to work along with Jim from the CRA to bring a resolution at next Monday's meeting, the CRA meeting, directing out of the monies that we're looking for from the bond, at least the first $5 million to be dedicated to increasing the amount of low or affordable income rentals in the community. Now I want to say this. I'm saying the first $5 million -- Jim, can you at least make sure you come out to make sure --? And to Mr. City Manager, I know that we were working on the resolution -- and Commissioner Regalado, that's one thing I can say about you, and I really, really appreciate your push to make sure that we protect the people that are living there now to make sure we improve the current housing stock that's there, so I would like to say, at least, out of those $5 million, you know, this resolution, that it not only just focus on, you know, the income rentals or working along with other CDCs (Community Development Corporations) to create that, but also to take some of those dollars to put them on the street now. There're several units in Overtown right now that people are living in that they're rats, roaches, leaky ceilings, a whole bunch of stuff that's going on; that they're living in unbearable conditions. It makes no sense to be in a position where we have these dollars that could be made available to improve their current living conditions that we don't do that now, so I would like to ask that we please mention that on -- include that in the resolution so that we can immediately have change in improving what we see. I believe very strongly that, because of my commitment and what has evolved since I've been in office, it's more than what's ever been proposed before, so I can't -- you know, I can't deal -- I'm a action/results-driven person. You know, at the end of the day, I got to be able to see some solid. I don't want to hear no talking. That's why my slogan was "Less Talk, More Results, " because I meant it, so I would like to direct you to at least bring that back to -- on Monday to make sure, out of the first $5 million, at least to the CRA Board, at that particular point, that we take that and utilize to -- utilize that for rehabbing the existing housing stock that we have, and also making sure that whatever low-income rentals that we can provide subsidies to to make happen now, we do that. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: I'm not -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- finished. Chairman Gonzalez: Oh, you're not finished. Commissioner Spence -Jones: Believe me, I have -- Vice Chairman Sanchez: You have all those pages? Commissioner Spence -Jones: -- two -- three hours of testimony. I need to say what's on my mind, and then we can close out, so I worked very hard over the last ten months to encourage a process that was more open to the community input than what was previously done. I made sure that the environmental public hearing occurred before this meeting because it was not, and I pushed very hard to make sure that that happened so that at least the community could be able to at least voice their opinions, and I believe very strongly that this process has yielded the best possible outcome for this community with a development on this scale. Let's not forget that the land sat vacant for years, and that we must confront the affordable housing crisis in such a way City ofMiami Page 213 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 that will not leave any residents behind. Today the developer -- Bernie, I've never seen you a day in my life. Today is the first time I -- where are you, Bernie? -- ever seen you in my life, and I'm glad, so that there's no reason for anybody to say anything else happened because it's the first day. I'm glad to know, just because of what you've heard today, that you've now taken -- you have now taken the original 50 units that you had up to 112 units, leaving 62 of those units for the very, very low income, so now we have 112 units in the project that was not even there before, based upon tonight's testimony. We also had in the project 210 -- already 210 affordable and workforce units, resulting, altogether tonight, 322 units that families making from $10, 000 or $12, 000 a year, low-income folks, all the way up to $44, 000, if that's the case, could qualify to participate in this project. I also understand that there's a concern about displacement, which will occur as a result of this such project. Now Commissioner Haskins mentioned earlier that there was a -- I guess we had information regarding all of the number of units that had been built -- I think it was 717 units that were all lower -- what is it, low or low-income affordable type units? And then we exist -- we have, currently, already about, what, 1,600 current units. I want to just, real fast -- I don't know ifMary's here or Pete is here -- to at least make sure at least the people that are watching at home know how many current units that we have from an affordable, low-income standpoint that cannot change because of the covenants of the land already existing in Overtown. Pedro G. Hernandez (City Manager): Commissioner, based on year 2000 data, you have just over 2,000 units in the Overtown area that are either government -owned, government -restricted in ways that in any increase in value, as a result of Crosswind [sic], would not be affecting those properties. In essence, those public -assisted units, they sort of protect the affordability of a significant portion of the housing in Overtown. Commissioner Spence -Jones: So basically, the folks that are living there now that are -- currently have housing, they can't go anywhere -- Mr. Hernandez: Correct. You're right. Commissioner Spence -Jones: -- so I -- you know, and it's sad that, you know, we create all the hoopla and don't listen to the facts, and then all of the people run out, so they don't get a chance to hear that, so we just keep going around, around, around, and nothing ever happens. I wanted you to at least officially put that on the record, just in case counsel decides to use that later on because I think it's important to at least state that. At the end of the day, I have heard the community, and I believe I have really fried to really make an informed decision. The community asked me for 25 million; we got 30 million. We more than doubled the number of very low-income affordable housing in this project. We talked about the jobs. The jobs went, you know, from zero jobs happening on the lot to almost four hundred jobs happening in the area as a result of this project. Within the proposed new district that we talked about tonight, we've created 200 additional affordable units as a part of the overall project that we'll partner up with the local CDC to make sure that those projects are produced. This is just one project of the many that's needed to help revitalize Overtown to help boost jobs, to help provide training, and to help attract businesses back. We have to have teachers. We have to have City workers. We have to have longshoremen. We have to have business owners. We have to have business -- bus drivers and more people to come back. We have to make sure that when our children grow up and graduate from high school, that they do not have to leave their neighborhoods because it lacks the same amenities, it has no jobs, it has no housing, or it has no decent quality of life. When I truly understand -- while I truly understand how important it is to protect those that can't afford the rising cost of housing, we must also prepare for the future. The Bible says, "Without a vision, our people shall perish," and that's real. We did Bible quotes all night, but nobody said that tonight. I am willing to stand by Overtown. I'm not willing, however, to stand by and let Overtown perish. Tonight, this afternoon -- and I'm closing, Mr. Chairman, on this -- you know - - I met with all -- I'm really closing out. City ofMiami Page 214 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Vice Chairman Sanchez: You got to say something about the rat, though. Commissioner Spence -Jones: OK. I'm going to say something about the rat right now. It is so amazing to me -- one -- this experience has been so enlightening for me because, one, I made sure that I sat down with all these folks, and many of these folks -- some of the folks, your senior center -- senior that was sitting in the front, she actually lives in Town Park; know her really well. LISC, myself Barbara Rodriguez, all of us have been working very hard because we know all of the Town Parks have serious issues, and we've been trying to work -- we've been working diligently to try to help resolve those issues for them, and we've come up with some resolution -- right, Anita? -- to help us save Town Park Village. I know that she was not fully communicated to because she knows that that's what we're doing, and to hear that is almost shameful, without presenting the full facts, and then to see that there's a big rat -- I'm assuming I'm a rat, butt was told by my staff that rat, in the Chinese -- what do you call it? -- zodiac means a very bright, smart person or something, so I'm going to take it from that standpoint. That was the whole purpose of the rat when, you know, the reality of the situation is this is the first time, I think, in a long time that we've seen a Commissioner that is on the streets with the people working day and night making herself accessible and accountable to the community to make sure that we don't make promises that we don't keep. When Igo out and pick up trash or we have cleanups in the area, I'm out there picking up trash longer than the residents are sometimes. I'm walking by the residents and they waving at me as I'm picking up trash in they own yard, in they own area. That's because, for me, it is not about me. It's about us changing the perception of not only how we view ourselves or our community, but how other people view us. Now Mr. Glieberman, you know -- I don't know if I'm saying your name right tonight -- you know, I know you probably feel like, wow. What am I getting myself into? You know, and I heard nothing but praises in Detroit, you know, from people there about how well you've done your project there, you know, so it's -- and I'm sure there's some things that need to change, and by all means, I'm glad that I see some changes happening on them, but that rat thing, for me -- and my staff told me, "Don't mention the rat. Don't let nobody know you mention the rat," and for me, when it's all said and done, I think that something has to change, so my vote and my decision is based upon the future of Overtown, not what's there now, but what we have to build in order for it to stay there, so on that note, I'd like to move this item. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Vice Chairman Sanchez: And Commissioner, don't worry. I've been called worse. Chairman Gonzalez: It's a resolution, right, Mr. City Attorney? Mr. Fernandez: It is a resolution. Chairman Gonzalez: Roll call, Madam City Clerk. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: I said that my vote has to do with trying to send a message for the people to understand that affordable is no longer affordable in the City ofMiami, and that we -- Commissioner Haskins says, well, the County has dozens of dozens of houses boarded up. It's about time that we start Code enforcement those houses of the County, and, yes, I will support 100 percent, next Monday, the proposal of Commissioner Spence -Jones to allocate the monies, and then fight, probably, with the County to use less for the PAC (Performing Arts Center) and more for the poor in the future, and all that, but my vote still is a message for us to wake up. Wake up, Miami; to wake up and understand that affordable is not longer affordable in the housing world in the City ofMiami. My vote is "no." City ofMiami Page 215 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: All right. Ms. Thompson: Commissioner Haskins? Commissioner Haskins: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Based on the testimony presented to us, I believe there's substantial evidence to support the MUSP with condition. Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The resolution passed, 4/1. Applause. Vice Chairman Sanchez: No clapping, no clapping. You can save that for the Heat. Chairman Gonzalez: And I want to make a final statement. I want to congratulate my colleague, Commissioner Spence Jones, for her courage and dedication and commitment to her district. Meeting stand adjourned. City ofMiami Page 216 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 NA.1 06-02013 NA.2 06-02014 NON -AGENDA ITEMS DISCUSSION ITEM DISCUSSION ON STATUS OF AFFORDABLE HOUSING TRUST FUND. DISCUSSED Commissioner Haskins: Barbara, while you're here, what is the status of bringing a -- the ordinance on how the affordable housing trustfund dollars will be allocated? Barbara Gomez -Rodriguez (Director, Community Development): November 9. Commissioner Haskins: November 9, OK. DISCUSSION ITEM DISCUSSION OF DOWN PAYMENT ASSISTANCE PROGRAM FOR CITY EMPLOYEES. DISCUSSED Commissioner Haskins: And I heard that there was a very successful -- Vice Chairman Sanchez: (UNINTELLIGIBLE)? Commissioner Haskins: -- open house for Lofts 3, and that there were a number of City employees that purchased units in Lofts 3, and that they will be availing themselves of the down payment assistance -- is that correct? Barbara Gomez -Rodriguez (Director, Community Development): They -- Commissioner Haskins: -- the down payment assistance program provided by the City out of the affordable housing trust fund dollars? Ms. Gomez -Rodriguez: -- have requested a modified version of the first-time home buyers program; that we will be bringing it November 9. Commissioner Haskins: Oh, that's fantastic. Do you know how many City employees may have - Ms. Gomez -Rodriguez: No. Commissioner Haskins: -- entered contracts? Ms. Gomez -Rodriguez: No. Commissioner Haskins: I think that's a real success story. This is -- the Lofts 3 in downtown has a selling price of about $150, 000. It's a signature project that -- the Metromover runs right through it, and the -- there was an offering to City employees several months ago to do a down payment assistance, and I think this was a real success story for the City; that we're really going to attract City employees to live in the City ofMiami. I think this is a real success story for us. Ms. Gomez -Rodriguez: Thank you. NA.3 06-02017 DISCUSSION ITEM DISCUSSION OF CODE ENFORCEMENT CITATIONS. City ofMiami Page 217 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 DISCUSSED Direction by Commissioner Haskins to the Administration to create an internal review committee comprised of various departments responsible for responding to citizens as it relates to code enforcement issues, and provide an internal review of the City's code enforcement processes through the Hearing Boards. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes. Commissioner Regalado: Barbara, before you leave. There is something unrelated, Mr. Manager and Barbara and members of the Commission. We have a program to help people that have been cited by Code Enforcement to fix their -- whatever they have, and these people that do not have resources are being help by Community Development. That's the purpose of that, but parallel, they're being fined by Code Enforcement, and this creates a hardship, mental hardship on the people. Case, the one that we had -- Barbara Gomez -Rodriguez (Director, Community Development): We were here yesterday -- Commissioner Regalado: -- here -- Ms. Gomez -Rodriguez: -- with him, and we talked to the Code Enforcement Board on their behalf. Commissioner Regalado: The thing is that it is important that once the City gets involved and the City needs time to get the contractors, to do whatever -- Ms. Gomez -Rodriguez: That's a good one. Commissioner Regalado: -- everything stops, but this person that only has social security income is going through a very difficult situation, understanding that he's going to have a loan on his house that is already being paid, which he's OK with it, but also that he's been getting letters that he owes $14, 000 in fine; that his house is going to be lien, and that creates -- I mean, the City is fighting the City in this case, and so I don't know if the minute that the City gets involved to help people to comply, the whole thing stops. Commissioner Haskins: The issue that you raise is -- I'm hearing all over my district. I would really like to have some sort of an internal review of what the processes are in the City in the Code enforcement process through hearings boards, et cetera. You know, I've got two examples now of citations of homes for illegal construction. The illegal construction was done pre '70. The construction was legalized in '71; the County records reflect it, but for some reason, the City records don't, and I think what we're -- there's a real frustration among our citizens in going through this process, and in this particular instance, I think the homeowner spent about $8, 000 going through the legalization process, and then the time and effort through Code enforcement and -- the Code Enforcement Board process, only to find that that process -- that had been done back in 1971, at least according to County records, so I think what we need to do with the Code enforcement process -- look, we want compliance in the City; we don't want punishment. That's what our Code enforcement efforts are about. We want compliance. Chairman Gonzalez: Well, but let me tell you. Unfortunately, the image -- Vice Chairman Sanchez: Yeah. Chairman Gonzalez: -- out there is that Code enforcement is like the Gestapo of the City of Miami. City ofMiami Page 218 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Haskins: And that's -- Chairman Gonzalez: All right. I mean, they have their -- Commissioner Haskins: -- I think we need to really look at how this process is working, because I know -- I'm hearing it a lot, and Mariano, I know that you are work -- you and your staff are working like crazy, but we really need to have some sort of review of how do we clear up some of these items. I've got -- and I know that all the Commissioners have affordable housing unit units, affordable rental, and these properties are hit with challenges on increasing property taxes because the County property appraiser is using a relative sales value method for assessing them rather than income approach. They're dealing with all sorts of other issues, and people are like starting to -- are wanting to give up because they feel between the property taxes and the fire fee and then the Code enforcement issues, they're not getting satisfactory results, and Mariano, you know we went through one with -- that was in Commissioner Regalado's district when I was the chieffinancial officer. I have another one now with some units up on 82nd Street, and really think that we need to do some sort of internal review, and have some sort of documentation of what these issues are, and how can we avoid having these really egregious cases where the City is more at fault than the citizen, but because of lack of records or whatever or lack of processing, of clearance of claims, people are going through problems. Chairman Gonzalez: I -- well, before I speak, any other of my colleagues want to comment on this item? Commissioner Regalado: No. Mr. Chairman, I just think that once the City gets involved, it's a no-brainer, you know. Stop everything, because if you have to harass someone, harass the City. You turn around and you said, Mr. Manager, you know, you're being cited because your City is not functioning, but it's about the psychological thing. It creates a hardship. This person came to my office, an elderly man, he cried, and he said, '7 don't want anything. I don't want any help. I just want to be left alone. I -- you know, forget it." Mariano Loret de Mola (Director, Code Enforcement): Can I --? Commissioner Regalado: "Thank you very much. I" -- Chairman Gonzalez: You know -- Commissioner Regalado: -- "don't want nothing from the City. I just can't take it anymore." Remember that movie where the guy said, '7'm mad as hell?" Mr. Loret de Mola: Can I -- Commissioner Regalado: Well, but he was arguing; he wasn't shouting. Mr. Loret de Mola: Mr. Chairman, can I explain a little bit of process of how we do everything? Loret de Mola, Code Enforcement director. When we file a violation, the first thing that we do, we issue a notice of violation. We -- if we -- we tell the person what was the violation. They can contact us, and they got 30 days to comply. That's the first time. If they cannot comply, they can come to us -- and they do -- and they request an extension to inspectors. That's another 30 days in which we work with them. We tell them what the violation was and the possibilities for them to solve the violation. After that, if they are in a process to comply and they requested an extension, another 30 days is given by the supervisor. If they continue working, they can come back and another extension can be given by our office, OK After all of those extensions are given, if nothing is done, that's when we summon them to go to the Code Enforcement Board. City ofMiami Page 219 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 When they come to the Code Enforcement Board on the case, they seek -- the citizens that represent the Code Enforcement Board, they analyze the case. If they see that this person is trying to comply, they need more time, they do whatever, they give them between 60 to 90 days to comply. Commissioner Haskins: Mariano, with all due respect -- Commissioner Regalado: Linda, can I -- Commissioner Haskins: -- they -- the problem comes in when they need to go to other City departments, and there needs to be a response from other City departments, they need to do research, there needs to be -- you know, in the case of the Richard Plevins (phonetic) properties, you -- we've got the County records show 14 units, tax card shows 14 unit; we show 12 units -- Mr. Loret de Mola: Can I explain that one, Miss? Commissioner Haskins: -- and -- no, I really don't want the explanation right now. I think that we need -- this is -- what I would like to see -- what I would really like to see is that there be an internal -- Chairman Gonzalez: Review. Commissioner Haskins: -- a review committee comprised of the various departments that are -- that would be responsible for responding to the citizens -- Chairman Gonzalez: Let me tell you. Commissioner Haskins: -- to review some of these things and not just leave it up to Code Enforcement, because -- and Mariano, in the end result, it's good for Code Enforcement as well. It's going to -- you know, if everything is being done right, it's going to be a validation; that's great, but there's something that's really broken here. When you hear from your -- the Commissioners that we get complaints -- a lot of complaints, you know, it is on and on and on. I can't go to a community function where I don't hear something about a Code enforcement -- Chairman Gonzalez: Right. Commissioner Haskins: -- issue, and we really need to make sure that we're doing what we can to ensure compliance, not put people through -- a badge is a powerful thing, whether it's a Code Enforcement badge or a Police badge, it's a very powerful thing, and you know, we've got people that really feel scared, worried; they're concerned they're going to lose their property, and we need to make sure that we're doing what we can as a City. We're still asking for compliance, so I would really like an internal review committee. Chairman Gonzalez: I have to agree with you completely. Let me tell you, before you were even here -- Commissioner Regalado was here. Commissioner Sanchez was the one that appointed me to the Code Enforcement Board, and I got to be the Chairman of the Code Enforcement Board, and back in 1997, 1998, 1996, there was even an investigation -- an ongoing investigation into the Building and Zoning Department because a lot of the tax cards had been altered, some of the other tax cards were missing, you know. There was a disaster in there, so there are records missing in this City; there are tax cards that had been altered; there are some other tax cards had been erased. You know, the records of the City, we cannot say that are accurate, but more than that, the same complaints that you hear, I hear myself when I go to meetings, when Igo to neighborhood meetings, and I get phone calls, and I get business in my office about the complaint in reference to Code Enforcement. I think Code Enforcement is going out of hand. Mariano, I know that if we call Mariano and we fry to get some help, Mariano does City ofMiami Page 220 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 the best he can, and in many instances, he tries to help -- Commissioner Haskins: I disagree. Chairman Gonzalez: -- but we're not supposed to be calling Mariano every five minutes or everyday with a different issue, and one of the serious problems that I see in this department is that some of his inspectors -- and I have to say some of them, because I have got compliments about other inspectors -- but some of his inspectors, they act like frustrated, bad cops. I think the worst thing that we have done in this city is to give the Code Enforcement inspector a badge, because a badge gives a sense of power, of -- that you can walk over people, you can walk over buildings, you can walk over water. You know, that's the sensation that a badge give to some people that don't know how to use a badge, and abuse the uniform and abuse the badge. The abuse that I had been hearing out there from some Code Enforcement inspectors with the citizens of the City ofMiami, Mr. City Manager, the people that pay taxes in the City, the people that pays the salaries of everyone that works in this City, the abuses that I have heard are incredible, and you know why? We are in a very, very difficult situation because if we intervene, we could be accused of exercising -- going over the law, and exercising power, so we are in a very difficult situation where we have the constituents in here complaining and telling us of everything that is going out there, and then we have this department on the other side that we can -- that we are afraid to touch them or to tell them anything because they can turn back and go to the State Attorney's Office and say this Commissioner is exercising -- is committing abusive power, so I think it is on your -- it is up to you to take corrective action of what's going on in Code Enforcement, and I agreed a hundred percent with you, Commissioner Haskins, that we should institute a panel to do a complete revision not only of the procedures, but of you know, the attitude of the personnel; they should be sent to a school, they should be sent to -- some of these people apparently, they had never gone to school, but they should go to a school and learn how to treat people, you know, and you know, and this need to be corrected because it's completely out of hand. You know, they -- one thing that they do, they go after one person, and I have a case right now -- I have a case that I don't want to talk about, where this person was accused of committing a violation. He prove that he didn't commit the violation, and then they went back and to say, "Well, this might be right, but now this is wrong. " No, this is also right. Well, this is right and this is right, but now I'm going to find this is wrong, so you know, that's harassment. That's harassment with the people that pay taxes in the City and they pay the salary of the people that work in this City. That should not be allowed. That should not be permitted, because if any other -- if a police officer does that to a citizen and they go to Internal Affairs and complain about it, that police officer will be in trouble. Well, a civilian should not be allowed to do the same thing, and another thing is, Code Enforcement, there is a misinterpretation of what Code Enforcement is all about. Code Enforcement is not created to generate money, to generate revenue for the City; it's to get compliance -- Commissioner Regalado: Compliance. Chairman Gonzalez: -- and should -- you should go about getting compliance in the best way, in the nicest way, and frying to help the citizens come into compliance, so -- Commissioner Regalado: Mr. Chairman, just -- Mr. Loret de Mola: Mister -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- on this case -- Mr. Loret de Mola: Mr. Chairman. City ofMiami Page 221 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Regalado: -- ifI may. Mr. Loret de Mola: Can I? Commissioner Regalado: All I say -- all I'm saying, the City offer compliance. The City is paying for the compliance. The City is using the manpower to help these people that have no resource to comply. All I'm saying is that once the City gets involved, it stop everything. In this case, I know what you explain, the process, the compliance, I think. In this case, this person was told, "Don't you worry; they already know that we're involved," and the letters kept coming and the citations kept coming. Somehow the computer had a virus or something because it kept sending letters. Once you get a letter, when you are an elderly, retired, property owner that cannot make ends meet to pay the taxes and the fire fees and all the fees, and you have a citation, once you get a letter that says your house will be lien and all that, you know, he will come back and back and back with all these letters, and he did went to the process. The problem is that he was told, you don't have to go anymore to Code Enforcement because the City is involved, but somehow someone didn't listen, and they kept citing and citing until the fine is up to $14, 000, and it will be more until the City gets the resolution, because as a matter of fact, the house has to be demolished, and the City is going to help because this is a true case. Now here's the thing. The explanation that this person was given is, "Well, once you comply, you come before the Board and there will be a mitigation." The next question was, "What is a mitigation?" well, you don't have to pay so much. "You know, so I mean that -- it means that I have to pay more? So that's why the guy -- Commissioner Haskins: And that's why -- Commissioner Regalado: -- came back. Commissioner Haskins: -- we need a review of these processes. Commissioner Regalado: There is no win. There's no -win situation in -- Chairman Gonzalez: Right. Commissioner Regalado: -- these cases. Chairman Gonzalez: No, no, no. Commissioner Regalado: Whatever the outcome is, that person -- mind you, you have to look at the culture. The culture of a professional retire -- a person that came from Cuba, that work to get his little home pay, doesn't want to be involved with the law; wants to comply with the law; doesn't want problems, and having letters and Code inspectors going around, it is a signal that you are guilty. What I'm saying, he went through that process, but what I'm saying is, it's very simple. Once Community Development gets involved, please send the guy a letter and said, you know, the City is dealing with your stuff you know. We will be talking to the department. You will be notified. Just give him a little peace of mind. That's all that there is to it. Mr. Loret de Mola: Mr. Chairman. Chairman Gonzalez: All right. Mr. Hernandez: Mr. Chairman, ifI may. Mr. Loret de Mola: Can I -- Mr. Hernandez: Mariano, please. Commissioner Regalado, reference your concern, I totally City ofMiami Page 222 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 agree with what you have said, and in those cases where the City's getting involved, we should hold every one of those cases in abeyance, and any issue should go to the agency of the City that is handling the case. Chairman Gonzalez: But you know, Mr. Manager, let me tell you -- and you and I have talk about this issue a few times. Another issue thatl have a serious problem with is thatl have reported I don't know how many properties in my district that have five, six, seven illegal units; that they are destroying the quality of life of the neighborhood; they're destroying the image of the neighborhood, and nothing has been happening about that, and then we see a Code Enforcement inspector going into a single-family home, and because the property owner have a little tent to cover his car from the sun, then he gets a fine, then he gets brought into the Code Enforcement Board, and you know. I mean, there's some disparity here. I mean, something is not functioning. Mr. Hernandez: Mr. Chairman. Chairman Gonzalez: -- and Mariano can tell -- he can say whatever he wants here now, he can, you know, but -- I mean, it's history. Mr. Hernandez: Right. Chairman Gonzalez: It's been going on, and the worst thing that had -- that happen to this City, the worst thing that happen to this city in this area was when they dissemble the NET (Neighborhood Enhancement Team) offices and they created the Code Enforcement Office. When we had the inspectors working out of the NET offices, they were familiar with the neighborhood, they knew the neighborhood, they knew the process, they knew -- once they disbanded that, and they created this unit, I mean, let me tell you, it's been terrible. It's been terrible, I'm telling you, and the perception out there -- I had -- I laugh. Two days ago a gentleman call me in my office and says, "The Gestapo people came by my house. The Gestapo people," and I said, what do you mean, the Gestapo people? Who's the Gestapo people? Yeah, the inspectors, so that's the label. I mean, should that be the label, that one depart -- City of Miami department should have, Gestapo? I mean, you're going to have to get, you know, inside this department and, you know, do something about it. Mr. Hernandez: Mr. Chairman, we have discussed the matter in the past. I've talked to Mariano. I visited the three Code Enforcement offices. I've told them that, in essence, the most important thing is courtesy and how they freat the residents. Our main objective here is education and compliance, and not the citations, because it gives the impression that we have a quota and we're just hitting people to bring in revenues. That cannot be it. I've told the three offices and the director the same thing, and I'll pursue it to instill that mentality of customer service. We're there to, first of all, try to educate, to help. Chairman Gonzalez: We're there to serve the people. Mr. Hernandez: You're correct. Chairman Gonzalez: Not to harass the people, not to make people's lives miserable and wanting to leave, sell their property in the City and move somewhere else after they've been living in the City for 30, 40 years. I mean, why? Mr. Hernandez: I'll continue to pursue that objectives. Chairman Gonzalez: No wonder there is a sense out there that what we're doing is that we're trying to force people to move out of the City OfMiami so that then a developer can come in and build a building. That's what is in the in the people's mind out there, OK. Thank you very much. City ofMiami Page 223 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 NA.4 06-02005 Mr. Hernandez: Thank you. Mr. Loret de Mola: Thank you for the opportunity to answer all the complaints. Chairman Gonzalez: Sure. I mean, you have had -- because you and I have met about this a few times, and you have met -- according to the City Manager, you have met with the City Manager and nothing has been done. Apparently, you know, it has to go some other route in order to get some results. DISCUSSION ITEM DISCUSSION OF CITY ATTORNEY PRESENTATION ON VARIANCE STANDARDS. DISCUSSED Direction by Chairman Gonzalez to the City Attorney to make a brief presentation to the City Commission on the standards the Commission needs to apply when considering variances. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: Let's -- yes, sir. Mr. Fernandez: Yes. While the next applicant is coming up to the podium, I would really appreciate and welcome a directive from the Commission to have the CityAttorney's Office make a brief presentation to the City Commission on the standards that need to be applied when considering variances. I am very concerned with this Commission acting in a consistent manner, certainly acting according to the law, and most importantly, you heeding and understanding your own regulatory scheme. There is no reason why you need to be confronted with these types of situations, because you, on a relatively consistent basis, grant the variances, so there is a way to alleviate or lessen your pain. I don't what need you have to put yourself through all of these painful types of things, but I cannot, on my own, come to you with ideas and suggestions, unless you ask me to come to you with ways in which to do that, so -- Chairman Gonzalez: Would you please find ways to ease our pains -- Mr. Fernandez: OK -- Chairman Gonzalez: -- at every one of these Commission meetings? Mr. Fernandez: -- so -- Commissioner Haskins: And this garage door was more than a three-inch issue. Mr. Fernandez: -- yeah, that's right, that's right, and you know, and it's -- consistency may not be a big deal for a lot of people, but for us lawyers frying to keep you all out of trouble and making sure that there is predictability and reliability; that the public perceives you in a very fair fashion, we need to make sure that your ordinances make sense, first and foremost, to you, and then, you know, it'll be easier for everyone. Chairman Gonzalez: Well, you have been instructed -- Mr. Fernandez: Thank you. Chairman Gonzalez: -- Mr. City Attorney. City ofMiami Page 224 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Commissioner Regalado: Question, question. Easing the pain doesn't mean reducing the public debate? Mr. Fernandez: No, no, not at all. It just means that in cases like this, you -- we are -- we have a way of writing it into the Code that administratively, all of these issues can be dealt with to a happy resolution, rather than, you know, getting the neighbor to spend literally hundreds of dollars in a process that ultimately, ends up here, delaying time, I don't know how long they've been at it, but to your constituents, to the public you serve, and seeing that understand that you're very interested in serving the public, you know, which is the fair and rational thing to do, there is a lot of contortions in our scheme of ordinances that shouldn't be there, and so that's what I'm suggesting. It's not to eliminate the public debate. It's to facilitate public access and establish predictability and reliability in the actions of the City. Vice Chairman Sanchez: And your recommendation is to rewrite the ordinance? Mr. Fernandez: Well, my recommendations will be brought to you, and you will consider the whole panoply of them. You know, you will have alternatives of how to proceed in the scheme of making things more reliable, easier to understand and follow, and less cumbersome and painful, so you will have options as you go along. Vice Chairman Sanchez: I think that's a great idea. NA.5 06-02006 DISCUSSION ITEM DISCUSSION REGARDING AUTOMATIC ADOPTION OF LEGISLATION ON FIRST READING. DISCUSSED Chairman Gonzalez: All right. I guess we can take -- Vice Chairman Sanchez: Which one? Chairman Gonzalez: -- PZ.19. I'm sorry, PZ.18 and 19. Vice Chairman Sanchez: Your item? Chairman Gonzalez: These are all first reading -- Vice Chairman Sanchez: Commissioner's not here. She's coming. Chairman Gonzalez: -- hearing, so -- OK. Is she here? OK. On second reading, she can always kill it, right? Vice Chairman Sanchez: Look, to be honest, I think this legislative body, the policy makers, should adopt the same thing the County does, where basically everything on first reading is approved -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- and then we deal it on second reading. Chairman Gonzalez: Yeah, because on second reading, if you want to kill it, you just -- you know -- Vice Chairman Sanchez: You could always kill it on second reading -- City ofMiami Page 225 Printed on 11/14/2006 City Commission Meeting Minutes October 26, 2006 Chairman Gonzalez: -- your chance to kill it. Vice Chairman Sanchez: -- or is there any amendments to make to it that change the legislation, it comes back to first reading, and it just saves us time. Maybe that's something that later on we could entertain for the sake of time, and basically, today is the -- Chairman Gonzalez: There she is. Vice Chairman Sanchez: -- you know, we have several items that probably will take several hours. Chairman Gonzalez: We were discussing some items in your district, 18 and 19. They were all - - all of them -- most of these items are first reading, and I was saying, you know, in case you couldn't make it on time, we could always vote on them on first reading, and then, on second reading, you always have the chance to kill it if you -- if that -- Commissioner Spence -Jones: Commissioner Haskins -- Chairman Gonzalez: -- what you desire. Commissioner Spence -Jones: -- I think we were starting with PZ.8. That was the Virrick Park one also. That was the first one; we waited till you got back. Commissioner Haskins: OK. Vice Chairman Sanchez: Could we do something? Commissioner Spence -Jones: You want to -- Commissioner Haskins: Sure. City ofMiami Page 226 Printed on 11/14/2006